A judge on Tuesday rejected a request to block plans for a new 500-home development on Lake Murray, paving the way for potential action on the proposal later this month.
Judge Daniel Coble wrote in a brief order that a lawsuit brought by an Irmo resident did not justify court intervention in the town planning dispute.
“A temporary restraining order is a drastic measure and the plaintiff has not carried the burden,” Coble wrote.
Adam Raynor filed suit against the town last week to block the town from reconsidering approval for the Water Walk development, a plan to bring 550 new homes to a 65-acre site on Dreher Shoals Road.
That plan had garnered opposition from residents concerned about overdevelopment and traffic, and the Irmo Planning Commission on Aug. 12 recommended the town council reject the proposal , saying the project is overly dense for the site and wanted to see fewer homes and larger lots.
The town council, which has final say on the development, has yet to vote on that recommendation. But Raynor filed suit Aug. 26 to prevent the planning commission from considering a revised version of the plan at its meeting next week.
“The developer is considering making changes to the proposal,” Irmo posted to social media Aug. 15. “If changes are made, the revised proposal will be reviewed by the planning commission again. If the proposal remains unchanged, it will be reviewed by the town council on Sep. 17.”
Raynor contended the town would violate its own ordinance by considering a revised version of the developer’s plan so soon after the planning commission’s denial.
Reached after Tuesday’s order was released, Raynor said he wasn’t surprised by the decision. He said he was less concerned about the Water Walk developer than ensuring the town currently follows the process laid out in its ordinances.
“I’ll go back to the drawing table,” he said.
In issuing his order, Coble said he wouldn’t disrupt the council’s schedule. “This court will not stop a public body from meeting and deliberating absent a showing of specific irreparable harm,” the judge wrote.
Raynor argued the town would be giving Charleston-based Material Capital Partners special treatment if the commission considered approving a revised proposal. He interpreted the ordinance as requiring the developer to wait a year before restarting the approval process with a revised proposal.
Irmo attorney William Edwards argued in a court hearing Friday that Raynor’s lawsuit would short-circuit a review process that is not complete until the town council votes on the proposal. He argued an injunction from the court would deny the developer and the property owner their rights under the process outlined in a town ordinance.
Raynor said he didn’t plan to appeal Coble’s decision before the next scheduled Planning Commission meeting Monday, which has not posted an agenda outlining any planned action items.
Irmo Town Administrator Courtney Dennis said Tuesday he had not seen the judge’s order and declined to comment on the outcome.
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