CONWAY, SC (WBTW) – Horry County flood victims who requested a temporary injunction on new developments in Horry County until a flood mitigation plan is in effect were set to go before a judge on Monday, but not all went according to plan.
Timothy Irving, an Horry County resident who filed the motion against the county and represents himself in the case, failed to submit an affidavit required by state law when pursuing a summons complaint against a governmental body.
“At this point in time, this court cannot hear this matter because it has not been properly filed,” the honorable Horry County Judge Steven John said in the courtroom on Monday.
Despite this, Irving plans to withdraw the current motion and file a new one asking a judge for a temporary injunction on new developments strictly in flood-prone areas.
“We want economic growth just like everybody else does, we just want it done responsibly,” Irving said. “It’s habitual for planning and council to build in flood zones, and if you look at the flood commission’s study, their released study that the governor released, one of their suggestions is to stop building in wetlands and flood zones, and at some point we’re going to have to make a conscious decision to not do those things.”
Horry County council recently hired a private consultant to create a flood mitigation plan.
Irving says the county should stop future construction projects in flood-prone areas until the mitigation plan is put in place.
“If we have residents whose lives and property are at risk, then at that point it’s a public safety issue, and it’s from one side of this county to the other, so I think that should be all of our concerns,” Irving said.
The plaintiffs have hired an attorney to represent them and to handle future legal proceedings.
So far, the plaintiffs have not decided when they will file the new motion.