Group files lawsuit over annexation

AWENDAW -- The Coastal Conservation League hopes to reverse a Town Council decision approving the annexation and development of 360 acres.

The environmental group and two Awendaw residents, Lynn Vicary and Kent Prause, filed suit Wednesday in Charleston County Court of Common Pleas alleging that the town failed to follow proper procedure when annexing and rezoning the land.

The land -- commonly referred to as the Nebo Tract -- borders Mount Nebo AME Church on U.S. Highway 17 and is surrounded by the Francis Marion National Forest on three sides.

The suit named the town of Awendaw and the tract's owner, EBC LLC, as defendants and claimed that the town had no right to annex the tract and improperly advertised public hearings regarding the tract's development and amendments to the town's comprehensive plan.

"The Conservation League is not opposed to development of the Nebo Tract or future annexations by the town. These actions should follow the letter of the law and result in an improvement to the quality of life for area residents, not a decline," said league Program Director Grace Gasper. "We took this action because of the extreme adverse impact the proposed land use changes will have on Awendaw residents and the surrounding area."

The suit contends that the town illegally annexed U.S. Forest Service property in 2004 when annexing Mount Nebo Church. The town asked the Forest Service for permission to annex a 10-foot strip of forest property necessary to make the church contiguous, but the Forest Service never gave that permission. That "illegal" annexation would make the annexation of the Nebo Tract illegal, too, the suit said.

"We have concerns regarding the town's attempt to annex a part of the national forest in order to facilitate development of privately owned lands within the forest," said attorney Chris DeScherer of the Southern Environmental Law Center.

Attorneys representing the town and EBC, LLC, said they've barely had time to review the complaint. Town Attorney Dwayne Green said he received a copy of the suit Monday.

"The town of Awendaw has fully complied with all legal requirements for approving the annexation of the Mount Nebo tract and the associated development agreement," Green said. "If a court has the opportunity to review this challenge, we believe it will find the plaintiffs' claims to be without merit."

The master plan for the tract calls for building 360 homes and 90,000 square feet of retail space and 80,000 square feet of office space on the land's 250 high acres. The commercial and office space would be built closest to Highway 17 with neighborhoods gradually becoming less dense as the land reaches back into the forest.

Town Council approved a rezoning and development agreement with EBC LLC, for the Nebo Tract in October. The suit contends that the agreement and rezoning are invalid because the town didn't properly advertise public hearings by stating where and when the development agreement and other documents would be available for review. The suit also alleges that the town failed to properly describe additional acres added to the tract during the approval process.

The league asked that the rezoning be made invalid and requested an injunction to prohibit development of the tract and contested the extension of town limits.

Reach Jessica Johnson at 937-5921.