James Island homeowners sue developer, SCDOT
JAMES ISLAND, S.C. (WCIV) Some James Island homeowners say they're upset over a developer's plan to utilize a road state law previously shut down.
The homeowners, 25 total, have since filed a lawsuit against DR Horton and the South Carolina Department of Transportation. The road they say they are concerned with is an unpaved portion of Harbortown Road in the Harbor Woods neighborhood. Some believe re-opening it will increase traffic headaches.
"The traffic through this neighborhood has always been a problem," said Wendy Tripp, one of the homeowners who filed the lawsuit.
According to court documents, DR Horton wants to reopen the road to serve as the main entrance for about 40 new homes.
Tripp says a 1986 state law closed the road to help alleviate traffic congestion.
"It was signed by the governor, and it's still on the books," said Tripp.
David Aylor is the attorney representing the homeowners and hopes to have the case heard before a judge in the very near future.
"This is a neighborhood of some elderly individuals and a very quiet peaceful area that really wants to stay that way," said Aylor.
Aylor says a recent resolution by lawmakers reopened the road.
"What happened was once that resolution put forth to reopen the road, it went through and that along with the permission from the city -- which we're not exactly clear how that occurred, it reopened the road," said Aylor.
But those against it say the resolution should trump a state law still in place.
"We feel like if it's a law, how do you break a law and not somebody asks questions about it," said Tripp. "They need to have other road access because this is a closed road."
Neither DR Horton nor the South Carolina Department of Transportation commented on the lawsuit.