HORRY COUNTY, S.C. (WBTW) – A property owner is suing members of the Horry County Council after a resolution passed last year indicated it didn’t support additional rezoning on Highway 57, according to legal documents.
The lawsuit, filed Friday in the 15th Circuit Court, lists Wanda Banning as its plaintiff. Johnny Gardner, Harold Worley, Bill Howard, Dennis DiSabato, Gary Loftus, Tyler Servant, Cam Crawford, Orton Bellamy, Johnny Vaught, Mark Causey, Hanny Hard and Al Allen are listed as defendants.
The lawsuit cites a resolution passed on Nov. 17, 2020, stating that the council didn’t support additional rezoning on the 1.5 miles on the Highway 57 corridor from Highway 9 to the North Carolina state line.
Banning purchased 66.6 acres of property in Horry County, according to the lawsuit. The land is currently zoned for agricultural use.
The lawsuit states that board members were “making a decision before any property owner has the chance to be heard,” and that the resolution does not have an expiration date.
“By passing Resolution R-142-2020, Defendants spot zones a nine mile stretch of land without allowing the property owners to be heard on the issue and furthermore, failing to compensate the property owners on that stretch of land, rising to a regulatory taking of their land,” the lawsuit states.
The lawsuit claims that the resolution is “invalid” and that the council “acted in excess of their lawfully delegated authority.”
The lawsuit is for $5 million in lost profits, according to the legal documents.