The town of Irmo may have granted approval to a 550-home development to move forward, but that hasn’t stopped a lawsuit filed to block the development from happening.

Resident Adam Raynor is seeking a declaratory judgment from a Richland County court that the town violated state law and its own ordinances in approving a revised version of the Water Walk development last month after the Irmo Planning Commission initially denied approval on Aug. 12.

Charleston-based developers Material Capital Partners went back to the commission Sept. 9 with a revised plan, and the plan was given initial approval by Irmo Town Council on Sept. 17. That decision came after a judge rejected Raynor’s request that the town be blocked from giving plans for the Water Walk site on Dreher Shoals Road any further consideration.

“The Town of Irmo’s ordinance explicitly outlines that after a proposal is denied, the only appropriate next steps to honor due process are either an appeal to the Circuit Court or a review by the Town Council,” Raynor argues in a court filing. “The ordinance does not authorize the Planning Commission to reconsider a previously denied project without restarting the entire application process.”

He believes that under the town’s ordinance, the developer should not have been able to submit a new proposal for consideration for 12 months after the commission’s initial denial.

“The intent behind this waiting period is to ensure that rezoning proposals are given sufficient time for thoughtful review, public input, and consideration of alternatives,” Raynor said. “Rushing the process by returning the proposal to the Planning Commission less than one month after the denial undermines this purpose and the procedural safeguards set forth in the ordinance.”

Raynor asks that the court order Irmo to “correct any past procedural mishandling of zoning applications,” and hold the town “responsible for any legal actions or claims brought against (Raynor) by the developers.”

In response, Irmo has asked the court to dismiss Raynor’s suit, saying he hasn’t made a claim for which the court can grant relief. The town also says Raynor, who filed the lawsuit himself without an attorney, had failed to properly serve the suit on the town before a hearing at the end of August . It also argued Raynor lacks standing to bring the suit because he doesn’t own property near the Water Walk site.

Town officials have argued that moving forward with the development is the best way to manage growth in the area. Irmo’s planning process was able to set limits on a proposal of Water Walk’s size and scope, whereas the site’s current zoning would allow the landowner to put as many as 700 apartments on the site without any need for planning review.

A date has been set for a virtual hearing on the motions before Judge Mark Hayes on Dec. 5.

Proposed Water Walk Development on Lake Murray