Author Topic: Rezoning coming soon(ER)  (Read 4973 times)

0 Members and 1 Guest are viewing this topic.

forklift driver

  • Sr. Member
  • ****
  • Posts: 375
Rezoning coming soon(ER)
« on: November 23, 2017, 10:19:41 AM »
We all have heard James E Shamderson Jr tell his latest big fat lie over and over. Itís now been months since he started saying the mill will reopen SOON. Looks like Jack Scoville will get his rezoning passed SOONER. The real question is will the mill ever reopen? Doubt it. Happy Thanksgiving to all the people who believed Sandersonagain. FAIL.

Tom Rubillo

  • Full Member
  • ***
  • Posts: 166
Re: Rezoning coming soon(ER)
« Reply #1 on: November 23, 2017, 01:31:12 PM »
The problem here is a little more complicated than can be resolved by basking in harsh personal feelings.  Taxpayer dollars are needlessly being put at risk by premature action on rezoning.  It simply needs to wait until there is a final announcement about the purchase of the property by Liberty.  If the deal falls through on its own, there's really no problem with going forward with rezoning.  If it falls through because of rezoning, the city will get sued by the present owner for interfering with the sale.  No matter how that all turns out, the attorney fees alone will cost a bundle.  If the city were to lose and have to pay "just compensation" for a "taking" of the value of the fixtures (buildings and fixed equipment), it could cost millions more and, worst case scenario, bankrupt the city.  On the other hand, if the sale goes through, the city can move forward with efforts to clean up the half of the property that Liberty is not going to be using (from Dozier to Wood Street in one direction and Front to the Sampit River in the other),  That part has to be cleaned up before it can be redeveloped for anything at all, be the use commercial, light industrial, mixed use, or even residential.  Federal help is available for that huge task.  Quite a few high paying jobs will be created.               This isn't an "all or nothing" situation.  Problems can be addressed and solved incrementally.  That's what is going to be necessary here.  Name calling, finger pointing (whether index or middle) and taking sadistic delight in people (even elected officials) stupidly stepping in dog crap does not solve problems.                        Finally, it really doesn't matter what the members of the present Council do here.  Come January, a newly composed Council with a different majority view of things can simply repeal the zoning change.  Unless I miss my guess, Tupelo Humes and Rudolph Bradley will join with the three present members who voted against the ordinance at the first reading to repeal, if necessary.  At that point, a saner, more intelligent, more sensible and less impulsive or vindictive approach can be adopted.             It is time for the grown ups to take over.

Lee Padgett

  • Hero Member
  • *****
  • Posts: 2090
Re: Rezoning coming soon(ER)
« Reply #2 on: November 23, 2017, 06:48:33 PM »
Tom, as a brilliant attorney, I have a question about the "restrictive covenant" that Arcelor filed with its deed sometime earlier this year. State law reads as such:

SECTION 6-29-1145. Determining existence of restrictive covenant; effect.

(A) In an application for a permit, the local planning agency must inquire in the application or by written instructions to an applicant whether the tract or parcel of land is restricted by any recorded covenant that is contrary to, conflicts with, or prohibits the permitted activity.

(B) If a local planning agency has actual notice of a restrictive covenant on a tract or parcel of land that is contrary to, conflicts with, or prohibits the permitted activity:

(1) in the application for the permit;

(2) from materials or information submitted by the person or persons requesting the permit; or

(3) from any other source including, but not limited to, other property holders, the local planning agency must not issue the permit unless the local planning agency receives confirmation from the applicant that the restrictive covenant has been released for the tract or parcel of land by action of the appropriate authority or property holders or by court order.

If the City proceeds with rezoning. If no lawsuit happens. If someone comes to make a mixed use development and a permit is applied for, does the covenant not stop that? Here is an article in the SSN that has a copy of what AM filed with the county.

http://www.southstrandnews.com/news/document-puts-restrictions-on-use-of-georgetown-steel-mill-property/article_bc54aa48-82a9-11e7-9a48-6fd694bea11c.html
"The death of objectivism and small government can be attributed to emotional politics." Liberty Laura

Lee Padgett

  • Hero Member
  • *****
  • Posts: 2090
Re: Rezoning coming soon(ER)
« Reply #3 on: November 23, 2017, 06:55:49 PM »
Below is the pdf version attachment of the Declarations. Scoville labeled it "strangely written" and "not worth the paper it is printed on". If this is now formally attached to the deed for the property what options are available to overturn it? If any. Curiosity is killing me.
"The death of objectivism and small government can be attributed to emotional politics." Liberty Laura

Tom Rubillo

  • Full Member
  • ***
  • Posts: 166
Re: Rezoning coming soon(ER)
« Reply #4 on: November 23, 2017, 07:29:16 PM »
Lee, My understanding is that if zoning and restrictive covenants are in conflict, the more restrictive one applies.  The question, in that case, would be what does "more restrictive" mean.  It obviously doesn't mean the restrictive covenant wins.  It has to do with uses of the land and which one -- the zoning or the covenant -- limits the use of the land more.  Is a limitation for "heavy industrial" use more restrictive than "light industrial" or "commercial" or "residential" or "agricultural."  Like everything else in the law, it depends on who you ask.                  Beyond all of that, there is a public policy question, namely, can an owner of an abandoned heavy industrial site, by filing a restrictive covenant after it abandoned the use (which is what has happened here) impose restrictions on future land use, particularly if its having done so would delay or impede cleanup of a lands contaminated with hazardous or toxic substances or both?  If so, why?  It is called being "void as a matter of public policy."  There's a bunch of case law on that.  There are, for example, restrictive covenants on record in Georgetown and elsewhere which forbid sale of residential property to anyone who is not a member of the white race.  They're left over from the days of segregation, but are still a matter of record.  But they are unenforceable because they are "void as against public policy."     Impeding cleanup (particularly environmental cleanup in the center of a town which is necessary to protect the public health), it can be  argued, would be contrary to public environmental policy, rendering the restrictive covenant in question void or, to use Jack Scoville's eloquent expression, "not worth the paper it is written on."     But even beyond that, if Liberty buys the property, as the owner it can simply remove the restrictive covenant.     If Liberty doesn't buy the property and the city moves forward to force its cleanup, either by seeking Superfund assistance or enforcement of its own ordinances or both or even otherwise (there's another federal law requiring cleanup of abandoned sites that I've been researching), the present owner will be,in effect, holding the Old Maid card and, if its lawyers have any sense, will want to talk reasonably.        My point here is that all is not lost.  The owner of the mill isn't holding all the cards.  The city has quite a few, but it has to play them right.  Rezoning is a card the city holds, but it shouldn't be wasted.  It has to be played at the right time.  Now is not the time.  Application for Superfund designation and assistance for the half of the property identified in the beginning of this line of postings, on the other hand, is a card that can be played now, all without peril to the city's bank account.  The city has an absolute right (and, indeed, obligation) to protect the public health.   Why everyone is waiting on that one is anyone's guess.  Perhaps once the new administration takes office things can move forward on that front.  I hope so.  We'll see.  Stay tuned.  Keep the faith.

Lee Padgett

  • Hero Member
  • *****
  • Posts: 2090
Re: Rezoning coming soon(ER)
« Reply #5 on: November 24, 2017, 03:23:47 PM »
 This whole thing is soooo confusing. From what I have found this is all legal and binding, the way it is drawn up is limited compared to most uses of the declaration of ccr's regarding industrial property, but these things are legally binding. CCRs have a shelf life and that is enforceable and this one has 30 years. If someone buys this property with that attached to the deed (say Liberty Steel Group) and does not challenge it at the sale does that make it a legally binding deed restriction? This is something that could take years and years of CoA and Supreme challenges, possibly all the way to SCOTUS to resolve. Did you see the download and read in my previous post? And if the more restrictive wins then the CCRs would prevail in court as it binds the land into an unusable/undevelop-able piece of property. Attorneys are going to have a field day at the tax payer expense if the City proceeds to fight this.
"The death of objectivism and small government can be attributed to emotional politics." Liberty Laura

forklift driver

  • Sr. Member
  • ****
  • Posts: 375
Re: Rezoning coming soon(ER)
« Reply #6 on: November 24, 2017, 05:49:20 PM »
Tom you mentioned basking in harsh personal feelings? I have watched a lot of good people be screwed over by believing the liar James E Sanderson Jr over the years. It shocks me to see so many letting him do it again. Even more insulting is the city taxpayer will now be on the hook for the lawsuits about to start because James E Sanderson Jr is telling another lie. Yea I do have harsh personal feeling towards the union boss.

concernedperson

  • Hero Member
  • *****
  • Posts: 585
Re: Rezoning coming soon(ER)
« Reply #7 on: November 25, 2017, 09:55:06 AM »
You would think the professional staff would speak up and tell the council they are allowing Jack's vendetta to send the city into a expensive lawsuit? Why is no on speaking up?

Marty Tennant

  • Administrator
  • Hero Member
  • *****
  • Posts: 5785
    • Marty Tennant the PC Doctor
Notice:  All posts made by me are my OPINION.  I am not responsible for any comments by others!  The Citizens' Report is provided as a public service to the citizens of Georgetown County for them to report and comment on the news.

forklift driver

  • Sr. Member
  • ****
  • Posts: 375
Re: Rezoning coming soon(ER)
« Reply #9 on: March 25, 2021, 12:35:26 PM »
I had to look this one up. Back in 2017 the whole rezoning the mill got started by Jack Scovile after the democrats threw him out of office.

Now fast forward four years later and old Black Jack is about to get his wish. The mill has been shut down for over a year now. Tiime to tear down the eyesore and mover Georgetown forward.

#rezone the steel mill property for good