Preview
ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) FOR THE EIGHTH JUDICIAL CIRCUIT
COUNTY OF LAURENS )
Laurens Residents for Quality Rural Living, ) Civil Action No.: 2022-CP-30-_______
LLC, )
)
Plaintiff, )
v. )
)
Laurens County, Thomas R. Higgs, III in his ) SUMMONS
official capacity as Administrator of Laurens )
County, Laurens County Planning )
Commission, Jim Royer in his official )
capacity as Commissioner of the Laurens )
County Planning Commission, )
)
Defendants. )
TO: THE DEFENDANTS ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to answer the complaint herein, a copy
of which is herewith served upon you, and to serve a copy of your answer to this complaint upon
the undersigned subscriber at Post Office Box 61110, Columbia, South Carolina 29260, within
thirty (30) days after service upon you, exclusive of the day of such service; and if you fail to
answer the complaint, judgment by default will be rendered against you for the relief demanded
in the complaint.
BRUNER POWELL WALL & MULLINS, LLC
s/Montana Y. Reiser
Wesley D. Peel, S.C. Bar No.: 9283
Montana Y. Reiser, S.C. Bar No.: 105888
Post Office Box 61110 (29260)
1735 St. Julian Place, Suite 200 (29204)
Columbia, South Carolina
803-252-7693
wpeel@brunerpowell.com
mreiser@brunerpowell.com
January 10, 2023 Attorneys for the Plaintiff
Columbia, South Carolina
ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) FOR THE EIGHTH JUDICIAL CIRCUIT
COUNTY OF LAURENS
) Civil Action No.: 2022-CP-30-_______
Laurens Residents for Quality Rural Living, )
LLC )
)
Plaintiff, )
v. )
) COMPLAINT
Laurens County, Thomas R. Higgs, III in his ) (Jury)
official capacity as Administrator of Laurens )
County, Laurens County Planning )
Commission, Jim Royer in his official )
capacity as Commissioner of the Laurens )
County Planning Commission, )
)
Defendants. )
Plaintiff, Laurens Residents for Quality Rural Living, LLC (“Plaintiff” or “Laurens
Residents”), complaining of the above-named Defendants would respectfully show unto the
Court the following:
PARTIES
1. Laurens Residents for Quality Rural Living, LLC is a South Carolina limited
liability company with its principal place of business in Laurens County at all times relevant
hereto.
2. Defendant Laurens County (the “County”) is a political subdivision of the State of
South Carolina generally having governmental authority over the area identified as Laurens
County. The County’s principal place of business is in the Town of Laurens, South Carolina.
3. Defendant Thomas R. Higgs, III (“Mr. Higgs”) is the Administrator of Laurens
County at times relevant hereto. Upon information and belief, Mr. Higgs is a resident of Laurens
County, South Carolina.
1
ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019
4. Defendant Laurens County Planning Commissions (“Planning Commission”) is a
County governing body created by County Ordinance No. 245 (1987) (Laurens County Code)
enabled by S.C. Code Ann. § 6-29-310, et seq. to coordinate a comprehensive program of
planning for the physical, social, and economic growth of Laurens County.
5. Defendant Jim Royer (“Mr. Royer”) was a Commissioner of the Laurens County
Planning Commission at all times relevant hereto. Upon information and belief, Mr. Royer is a
resident of Laurens County, South Carolina.
6. Jurisdiction and venue in this court are proper.
FACTUAL ALLEGATIONS
7. Laurens County Council acts as the policy-making body for Laurens County
Government through the adoption of ordinances.
8. Laurens County Residential Subdivision Ordinance No. 831 (“Ordinance 831”)
was the applicable regulation at the time the development plans and variances referenced in this
Complaint were submitted and approved. A copy of Laurens County Ordinance No. 831 is
attached hereto as Exhibit A.
9. Ordinance 831 was adopted on April 25, 2017, and governs the design standards,
sizes, and setbacks for subdivision lots.
10. The Ordinance 831 design standards require a minimum front setback of 30 feet, a
minimum side and rear setback of 10 feet, a minimum side yard setback of 30 feet for corner lots
only, a minimum lot width of 75 feet, and a minimum lot area of 8,000 square feet. (See Laurens
County Ordinance No. 831, Ex. A, pp. 12-13).
2
ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019
11. The Planning Commission has approved several subdivision development plans
over the past two years, including Durbin Meadows, Abercrombie Farms, Reedy Creek, Wren
Woods, Cardinal Ridge, and Fox Hollow.
12. On or about September 23, 2020, the developer of the Durbin Meadows
subdivision submitted a development plan and variance request to the Planning Commission.
13. The Durbin Meadows development plan and variance request proposed lots with a
side setback of 5 feet, minimum lot width of 45 feet, and a minimum lot area of 5,175 square
feet. The request did not mention hardships for variances.
14. Ordinance 831 requires Cul-de-sac lot widths to be a minimum 30 feet width at
the road right of way. (See Laurens County Ordinance No. 831, Ex. A, p. 13).
15. The Durbin Meadows development plan and variance request proposed Cul-de-
sac lots measure the minimum 30 feet width from the middle of the roadway, not the road right
of way.
16. On or about September 29, 2020, the Planning Commission, outside of its
authority, approved the Durbin Meadows development plan and variance request including
proposed townhomes without public notice and in violation of Ordinance 831. The meeting
minutes are attached hereto as Exhibit B.
17. There were no regulations or guidance for townhomes at the time of approval.
18. Since that approval, the Durbin Meadows subdivision has changed its
development plan and name to Canterbrook Farms without approval from the Planning
Commission.
19. On or about March 17, 2021, the developer of the Abercrombie Farms subdivision
submitted a development plan and variance request to the Planning Commission.
3
ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019
20. The developers of Abercrombie Farms submitted a development plan and
variance request, which proposed lots with a side setback of 5 feet, a corner lot side setback of 10
feet, a minimum lot width of 52 feet, and a minimum lot area of 6,500 square feet, to the
Planning Commission. The request did not mention hardships for variances.
21. On or around April 6, 2021, the Planning Commission, outside of its authority,
approved the Abercrombie Farms development plan and variance request without public notice
and in violation of Ordinance 831. The meeting minutes are attached hereto as Exhibit C.
22. There is no ordinance or exemption that allows the Planning Commission to grant
variances in violation of Ordinance 831.
23. At the time of the approvals, there was no ordinance setting the means, methods,
and standards for granting a variance.
24. Since that approval, the Abercrombie Farms subdivision changed its name to
Brighton Meadows without approval from the Planning Commission.
25. On or about April 22, 2021, the developer of the Reedy Creek subdivision
submitted a development plan and variance request to the Planning Commission.
26. The developers of Reedy Creek submitted a development plan and variance
request, which proposed lots with a side setback of 5 feet, a minimum lot width of 42 feet, and a
minimum lot area of 5,040 square feet, to the Planning Commission. The request did not
mention hardships for variances.
27. On or around May 18, 2021, the Planning Commission, outside of its authority,
approved the Reedy Creek development plan and variance request without public notice and in
violation of Ordinance 831. The meeting minutes are attached hereto as Exhibit D.
4
ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019
28. On or around July 13, 2021, the developer of the Wren Woods, Cardinal Ridge,
and Fox Hollow subdivisions submitted development plans and variance requests to the Planning
Commission.
29. The Fox Hollow development plan and variance request proposed lots with a side
setback of 5 feet, a corner lot side setback of 10 feet, a minimum lot width of 52 feet, and a
minimum lot area of 6,500 square feet. The request did not mention hardships for variances.
30. The Wren Woods and Cardinal Ridge development plans and variance requests
proposed lots with a side setback of 5 feet, a corner lot side setback of 10 feet, a minimum lot
width of 43 feet, and a minimum lot area of 5,160 square feet. The requests did not mention
hardships for variances.
31. On or around July 20, 2021, the Planning Commission, outside of its authority,
approved the Wren Woods, Cardinal Ridge, and Fox Hollow development plans and variance
requests without public notice and in violation of Ordinance 831. The meeting minutes are
attached hereto as Exhibit E.
32. Upon information and belief, the Fox Hollow subdivision changed its name to
Fox Bank without approval by the Planning Commission.
33. Laurens County and the Planning Commission failed to provide notice of the
proposed variances.
34. Laurens County and the Planning Commission failed to provide notice of the
proposed variances and the meetings to approve subdivision development plans or variances to
the abutting or adjacent landowners.
5
ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019
35. Laurens County and the Planning Commission failed to notify abutting or
adjacent landowners nor seek public comment regarding the various subdivision plans or
variances.
36. Laurens County Ordinance No. 831 Section 5.2(a) requires copies of the proposed
development plan to be presented to the Designated Official at least fourteen (14) working days
prior to the next scheduled Laurens County Planning Commission meeting.
37. The subdivision development plans for Durbin Meadows, Wren Woods, Cardinal
Ridge, and Fox Hollow were submitted less than fourteen (14) working days prior to the next
scheduled Laurens County Planning Commission meeting.
38. Although Durbin Meadows, Wren Woods, Cardinal Ridge, and Fox Hollow’s
subdivision plans were submitted in an untimely manner, the Planning Commission included and
approved them at the next scheduled meeting.
39. Plaintiff was not afforded the opportunity to appeal the approval decision by the
County because Plaintiff had no knowledge of the decision until the developers began
construction.
40. Laurens County Ordinance No. 831 Section 3.2 General Subdivision
Requirements “Recording Requirement” requires that once a plat is approved by the Planning
Commission, the plat shall be recorded by the subdivider in the office of the Clerk of Court for
Laurens County within a period of twelve (12) months from the date that approval is granted.
After the expiration of twelve months, said approval shall be void.
41. The developers for the Durbin Meadows, Abercrombie Farms, Reedy Creek,
Wren Woods, Cardinal Ridge, and Fox Hollow subdivisions failed to record the approved plat
6
ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019
and/or development plan with the Laurens County Clerk of Court in accordance with the Laurens
County Ordinance and Regulations for subdivisions.
FOR A FIRST CAUSE OF ACTION
(Declaratory Judgment and/or Injunctive Relief – Failure to Adopt Regulations)
42. Plaintiff incorporates the foregoing allegations herein to the extent required by,
but not inconsistent with, the following allegations.
43. Pursuant to S.C. Code Ann. § 6-29-310, et seq. and Laurens County Ordinance
No. 245 (1987), the Laurens County Planning Commission was created to coordinate a
comprehensive program of planning for the physical, social, and economic growth of Laurens
County.
44. S.C. Code Ann. § 6-29-340(b) permits Local Planning Commissions to
promulgate regulations for subdivisions or development of land and appropriate revisions
thereof, and to oversee the administration of the regulations that may be adopted pursuant to S.C.
Code Ann. § 6-29-310, et seq.
45. Laurens County Ordinance No. 831 Section 3 General Subdivision Requirements
does not contain a mechanism for the Planning Commission to use when approving or denying
variances.
46. Since the Ordinance is devoid of any guidance or mechanism for the Planning
Commission to use when approving or denying variances, any approval should be reversed until
there is a proper enabling ordinance passed by Laurens County Council.
47. Plaintiff suffered and will continue to suffer irreparable harm in the loss of peace
and enjoyment of property unless the Court grants injunctive relief in the form of an order
requiring Defendants to cease all subdivision development unless and until sufficient regulations
7
ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019
are promulgated and Durbin Meadows, Abercrombie Farms, Wren Woods, Cardinal Ridge, and
Fox Hollow undergoes the approval process under such promulgated regulations.
FOR A SECOND CAUSE OF ACTION
(Declaratory Judgment and/or Injunctive Relief – Development Plans are Void as a Matter of
Law)
48. Plaintiff incorporates the foregoing allegations herein to the extent required by,
but not inconsistent with, the following allegations.
49. Plaintiff is entitled to a declaration of this Court that the conduct described herein
is unlawful, that the development plans are deemed void as a matter of law, and a stop work
order on all subdivisions.
50. The developers for the Durbin Meadows, Abercrombie Farms, Reedy Creek,
Wren Woods, Cardinal Ridge, and Fox Hollow subdivisions failed to record the approved plat
and/or development plan with the Laurens County Clerk of Court in accordance with Ordinance
831, which is required within twelve (12) months after approval is granted.
51. Since the development plan is deemed void as a matter of law, any further
construction of the subdivision is in violation of the Laurens County Ordinance regarding
requirements for subdivisions.
52. Plaintiff has suffered and will continue to suffer irreparable harm unless the
Court, upon the finding of unlawful conduct, grants injunctive relief in the form of an order
declaring the development plans void as a matter of law and prohibiting Defendants from
approving development plans until Laurens County promulgates regulations sufficient to
evaluate subdivisions and variance requests.
WHEREFORE, Plaintiff prays for the following relief:
a. An Order of this Court enjoining Defendants to cease all development to the
Durbin Meadows, Abercrombie Farms, Reedy Creek, Wren Woods, Cardinal Ridge, and Fox
8
ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019
Hollow subdivisions, unless and until Laurens County promulgates regulations sufficient to
evaluate subdivisions and variance requests and these subdivisions have gone through an
adequate process compliant with state law;
b. An Order of this Court declaring the approval of Durbin Meadows, Abercrombie
Farms, Reedy Creek, Wren Woods, Cardinal Ridge, and Fox Hollow subdivisions void as a
matter of law;
c. An Order awarding attorney’s fees to Plaintiff;
d. An Order awarding costs and fees of this action to Plaintiff; and
e. Such other and further relief as the Court may deem just and proper.
BRUNER POWELL WALL & MULLINS, LLC
s/Montana Y. Reiser
Wesley D. Peel, S.C. Bar No.: 9283
Montana Y. Reiser, S.C. Bar No.: 105888
Post Office Box 61110 (29260)
1735 St. Julian Place, Suite 200 (29204)
Columbia, South Carolina
803-252-7693
wpeel@brunerpowell.com
mreiser@brunerpowell.com
January 10, 2023 Attorneys for the Plaintiff
Columbia, South Carolina
9
Preview
ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) FOR THE EIGHTH JUDICIAL CIRCUIT COUNTY OF LAURENS ) Laurens Residents for Quality Rural Living, ) Civil Action No.: 2022-CP-30-_______ LLC, ) ) Plaintiff, ) v. ) ) Laurens County, Thomas R. Higgs, III in his ) SUMMONS official capacity as Administrator of Laurens ) County, Laurens County Planning ) Commission, Jim Royer in his official ) capacity as Commissioner of the Laurens ) County Planning Commission, ) ) Defendants. ) TO: THE DEFENDANTS ABOVE NAMED: YOU ARE HEREBY SUMMONED and required to answer the complaint herein, a copy of which is herewith served upon you, and to serve a copy of your answer to this complaint upon the undersigned subscriber at Post Office Box 61110, Columbia, South Carolina 29260, within thirty (30) days after service upon you, exclusive of the day of such service; and if you fail to answer the complaint, judgment by default will be rendered against you for the relief demanded in the complaint. BRUNER POWELL WALL & MULLINS, LLC s/Montana Y. Reiser Wesley D. Peel, S.C. Bar No.: 9283 Montana Y. Reiser, S.C. Bar No.: 105888 Post Office Box 61110 (29260) 1735 St. Julian Place, Suite 200 (29204) Columbia, South Carolina 803-252-7693 wpeel@brunerpowell.com mreiser@brunerpowell.com January 10, 2023 Attorneys for the Plaintiff Columbia, South Carolina ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) FOR THE EIGHTH JUDICIAL CIRCUIT COUNTY OF LAURENS ) Civil Action No.: 2022-CP-30-_______ Laurens Residents for Quality Rural Living, ) LLC ) ) Plaintiff, ) v. ) ) COMPLAINT Laurens County, Thomas R. Higgs, III in his ) (Jury) official capacity as Administrator of Laurens ) County, Laurens County Planning ) Commission, Jim Royer in his official ) capacity as Commissioner of the Laurens ) County Planning Commission, ) ) Defendants. ) Plaintiff, Laurens Residents for Quality Rural Living, LLC (“Plaintiff” or “Laurens Residents”), complaining of the above-named Defendants would respectfully show unto the Court the following: PARTIES 1. Laurens Residents for Quality Rural Living, LLC is a South Carolina limited liability company with its principal place of business in Laurens County at all times relevant hereto. 2. Defendant Laurens County (the “County”) is a political subdivision of the State of South Carolina generally having governmental authority over the area identified as Laurens County. The County’s principal place of business is in the Town of Laurens, South Carolina. 3. Defendant Thomas R. Higgs, III (“Mr. Higgs”) is the Administrator of Laurens County at times relevant hereto. Upon information and belief, Mr. Higgs is a resident of Laurens County, South Carolina. 1 ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019 4. Defendant Laurens County Planning Commissions (“Planning Commission”) is a County governing body created by County Ordinance No. 245 (1987) (Laurens County Code) enabled by S.C. Code Ann. § 6-29-310, et seq. to coordinate a comprehensive program of planning for the physical, social, and economic growth of Laurens County. 5. Defendant Jim Royer (“Mr. Royer”) was a Commissioner of the Laurens County Planning Commission at all times relevant hereto. Upon information and belief, Mr. Royer is a resident of Laurens County, South Carolina. 6. Jurisdiction and venue in this court are proper. FACTUAL ALLEGATIONS 7. Laurens County Council acts as the policy-making body for Laurens County Government through the adoption of ordinances. 8. Laurens County Residential Subdivision Ordinance No. 831 (“Ordinance 831”) was the applicable regulation at the time the development plans and variances referenced in this Complaint were submitted and approved. A copy of Laurens County Ordinance No. 831 is attached hereto as Exhibit A. 9. Ordinance 831 was adopted on April 25, 2017, and governs the design standards, sizes, and setbacks for subdivision lots. 10. The Ordinance 831 design standards require a minimum front setback of 30 feet, a minimum side and rear setback of 10 feet, a minimum side yard setback of 30 feet for corner lots only, a minimum lot width of 75 feet, and a minimum lot area of 8,000 square feet. (See Laurens County Ordinance No. 831, Ex. A, pp. 12-13). 2 ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019 11. The Planning Commission has approved several subdivision development plans over the past two years, including Durbin Meadows, Abercrombie Farms, Reedy Creek, Wren Woods, Cardinal Ridge, and Fox Hollow. 12. On or about September 23, 2020, the developer of the Durbin Meadows subdivision submitted a development plan and variance request to the Planning Commission. 13. The Durbin Meadows development plan and variance request proposed lots with a side setback of 5 feet, minimum lot width of 45 feet, and a minimum lot area of 5,175 square feet. The request did not mention hardships for variances. 14. Ordinance 831 requires Cul-de-sac lot widths to be a minimum 30 feet width at the road right of way. (See Laurens County Ordinance No. 831, Ex. A, p. 13). 15. The Durbin Meadows development plan and variance request proposed Cul-de- sac lots measure the minimum 30 feet width from the middle of the roadway, not the road right of way. 16. On or about September 29, 2020, the Planning Commission, outside of its authority, approved the Durbin Meadows development plan and variance request including proposed townhomes without public notice and in violation of Ordinance 831. The meeting minutes are attached hereto as Exhibit B. 17. There were no regulations or guidance for townhomes at the time of approval. 18. Since that approval, the Durbin Meadows subdivision has changed its development plan and name to Canterbrook Farms without approval from the Planning Commission. 19. On or about March 17, 2021, the developer of the Abercrombie Farms subdivision submitted a development plan and variance request to the Planning Commission. 3 ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019 20. The developers of Abercrombie Farms submitted a development plan and variance request, which proposed lots with a side setback of 5 feet, a corner lot side setback of 10 feet, a minimum lot width of 52 feet, and a minimum lot area of 6,500 square feet, to the Planning Commission. The request did not mention hardships for variances. 21. On or around April 6, 2021, the Planning Commission, outside of its authority, approved the Abercrombie Farms development plan and variance request without public notice and in violation of Ordinance 831. The meeting minutes are attached hereto as Exhibit C. 22. There is no ordinance or exemption that allows the Planning Commission to grant variances in violation of Ordinance 831. 23. At the time of the approvals, there was no ordinance setting the means, methods, and standards for granting a variance. 24. Since that approval, the Abercrombie Farms subdivision changed its name to Brighton Meadows without approval from the Planning Commission. 25. On or about April 22, 2021, the developer of the Reedy Creek subdivision submitted a development plan and variance request to the Planning Commission. 26. The developers of Reedy Creek submitted a development plan and variance request, which proposed lots with a side setback of 5 feet, a minimum lot width of 42 feet, and a minimum lot area of 5,040 square feet, to the Planning Commission. The request did not mention hardships for variances. 27. On or around May 18, 2021, the Planning Commission, outside of its authority, approved the Reedy Creek development plan and variance request without public notice and in violation of Ordinance 831. The meeting minutes are attached hereto as Exhibit D. 4 ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019 28. On or around July 13, 2021, the developer of the Wren Woods, Cardinal Ridge, and Fox Hollow subdivisions submitted development plans and variance requests to the Planning Commission. 29. The Fox Hollow development plan and variance request proposed lots with a side setback of 5 feet, a corner lot side setback of 10 feet, a minimum lot width of 52 feet, and a minimum lot area of 6,500 square feet. The request did not mention hardships for variances. 30. The Wren Woods and Cardinal Ridge development plans and variance requests proposed lots with a side setback of 5 feet, a corner lot side setback of 10 feet, a minimum lot width of 43 feet, and a minimum lot area of 5,160 square feet. The requests did not mention hardships for variances. 31. On or around July 20, 2021, the Planning Commission, outside of its authority, approved the Wren Woods, Cardinal Ridge, and Fox Hollow development plans and variance requests without public notice and in violation of Ordinance 831. The meeting minutes are attached hereto as Exhibit E. 32. Upon information and belief, the Fox Hollow subdivision changed its name to Fox Bank without approval by the Planning Commission. 33. Laurens County and the Planning Commission failed to provide notice of the proposed variances. 34. Laurens County and the Planning Commission failed to provide notice of the proposed variances and the meetings to approve subdivision development plans or variances to the abutting or adjacent landowners. 5 ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019 35. Laurens County and the Planning Commission failed to notify abutting or adjacent landowners nor seek public comment regarding the various subdivision plans or variances. 36. Laurens County Ordinance No. 831 Section 5.2(a) requires copies of the proposed development plan to be presented to the Designated Official at least fourteen (14) working days prior to the next scheduled Laurens County Planning Commission meeting. 37. The subdivision development plans for Durbin Meadows, Wren Woods, Cardinal Ridge, and Fox Hollow were submitted less than fourteen (14) working days prior to the next scheduled Laurens County Planning Commission meeting. 38. Although Durbin Meadows, Wren Woods, Cardinal Ridge, and Fox Hollow’s subdivision plans were submitted in an untimely manner, the Planning Commission included and approved them at the next scheduled meeting. 39. Plaintiff was not afforded the opportunity to appeal the approval decision by the County because Plaintiff had no knowledge of the decision until the developers began construction. 40. Laurens County Ordinance No. 831 Section 3.2 General Subdivision Requirements “Recording Requirement” requires that once a plat is approved by the Planning Commission, the plat shall be recorded by the subdivider in the office of the Clerk of Court for Laurens County within a period of twelve (12) months from the date that approval is granted. After the expiration of twelve months, said approval shall be void. 41. The developers for the Durbin Meadows, Abercrombie Farms, Reedy Creek, Wren Woods, Cardinal Ridge, and Fox Hollow subdivisions failed to record the approved plat 6 ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019 and/or development plan with the Laurens County Clerk of Court in accordance with the Laurens County Ordinance and Regulations for subdivisions. FOR A FIRST CAUSE OF ACTION (Declaratory Judgment and/or Injunctive Relief – Failure to Adopt Regulations) 42. Plaintiff incorporates the foregoing allegations herein to the extent required by, but not inconsistent with, the following allegations. 43. Pursuant to S.C. Code Ann. § 6-29-310, et seq. and Laurens County Ordinance No. 245 (1987), the Laurens County Planning Commission was created to coordinate a comprehensive program of planning for the physical, social, and economic growth of Laurens County. 44. S.C. Code Ann. § 6-29-340(b) permits Local Planning Commissions to promulgate regulations for subdivisions or development of land and appropriate revisions thereof, and to oversee the administration of the regulations that may be adopted pursuant to S.C. Code Ann. § 6-29-310, et seq. 45. Laurens County Ordinance No. 831 Section 3 General Subdivision Requirements does not contain a mechanism for the Planning Commission to use when approving or denying variances. 46. Since the Ordinance is devoid of any guidance or mechanism for the Planning Commission to use when approving or denying variances, any approval should be reversed until there is a proper enabling ordinance passed by Laurens County Council. 47. Plaintiff suffered and will continue to suffer irreparable harm in the loss of peace and enjoyment of property unless the Court grants injunctive relief in the form of an order requiring Defendants to cease all subdivision development unless and until sufficient regulations 7 ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019 are promulgated and Durbin Meadows, Abercrombie Farms, Wren Woods, Cardinal Ridge, and Fox Hollow undergoes the approval process under such promulgated regulations. FOR A SECOND CAUSE OF ACTION (Declaratory Judgment and/or Injunctive Relief – Development Plans are Void as a Matter of Law) 48. Plaintiff incorporates the foregoing allegations herein to the extent required by, but not inconsistent with, the following allegations. 49. Plaintiff is entitled to a declaration of this Court that the conduct described herein is unlawful, that the development plans are deemed void as a matter of law, and a stop work order on all subdivisions. 50. The developers for the Durbin Meadows, Abercrombie Farms, Reedy Creek, Wren Woods, Cardinal Ridge, and Fox Hollow subdivisions failed to record the approved plat and/or development plan with the Laurens County Clerk of Court in accordance with Ordinance 831, which is required within twelve (12) months after approval is granted. 51. Since the development plan is deemed void as a matter of law, any further construction of the subdivision is in violation of the Laurens County Ordinance regarding requirements for subdivisions. 52. Plaintiff has suffered and will continue to suffer irreparable harm unless the Court, upon the finding of unlawful conduct, grants injunctive relief in the form of an order declaring the development plans void as a matter of law and prohibiting Defendants from approving development plans until Laurens County promulgates regulations sufficient to evaluate subdivisions and variance requests. WHEREFORE, Plaintiff prays for the following relief: a. An Order of this Court enjoining Defendants to cease all development to the Durbin Meadows, Abercrombie Farms, Reedy Creek, Wren Woods, Cardinal Ridge, and Fox 8 ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019 Hollow subdivisions, unless and until Laurens County promulgates regulations sufficient to evaluate subdivisions and variance requests and these subdivisions have gone through an adequate process compliant with state law; b. An Order of this Court declaring the approval of Durbin Meadows, Abercrombie Farms, Reedy Creek, Wren Woods, Cardinal Ridge, and Fox Hollow subdivisions void as a matter of law; c. An Order awarding attorney’s fees to Plaintiff; d. An Order awarding costs and fees of this action to Plaintiff; and e. Such other and further relief as the Court may deem just and proper. BRUNER POWELL WALL & MULLINS, LLC s/Montana Y. Reiser Wesley D. Peel, S.C. Bar No.: 9283 Montana Y. Reiser, S.C. Bar No.: 105888 Post Office Box 61110 (29260) 1735 St. Julian Place, Suite 200 (29204) Columbia, South Carolina 803-252-7693 wpeel@brunerpowell.com mreiser@brunerpowell.com January 10, 2023 Attorneys for the Plaintiff Columbia, South Carolina 9