A Longs man still plans to seek a temporary injunction on new construction in certain areas of Horry County after his first court appearance went nowhere.
Timothy Irving had asked for a temporary injunction to halt new construction in the county until the projects are deemed safe by officials, or until the U.S. Army Corps of Engineers has reviewed new development proposals, including the county’s IMAGINE 2040 comprehensive plan.
Residents of Longs, Socastee, Bucksport and Myrtle Beach have suffered a loss of real property due to flooding, lack of sufficient water shed and sewage infrastructure, poor planning and zoning and Horry County’s disregard of its fiduciary duties, Irving's filing said.
“Whether intentional or unintentional, the grossly ignored flooding issues within our jurisdiction, not making such proposals for proper shedding of both the flood water and or sewage associated with natural disaster, while also adding additional residential neighborhoods which further compound a pre-existing flood condition, in legal terms, is a failure of a duty of care,” the document stated.
Irving said his goal is to temporarily bar the county from building in flood zones or on floodplains. Included in court filings was a petition with hundreds of signatures from county residents.
During a court hearing Monday, Judge Steven John told Irving he must serve the county with a summons and complaint before any action is taken by the court.
Those who attended the hearing included Horry County Administrator Steve Gosnell, county attorney Arrigo Carotti, county councilman Gary Loftus and Horry Council Chairman Johnny Gardner. Irving said he was surprised to see the elected officials in the courtroom.
Irving has been representing himself, but going forward he said he will have an attorney.
He said he hopes to stop new development in the county until a flood resilience plan is approved. The county is currently working on such a plan, which will guide the Horry’s long-term efforts in the aftermath of Hurricane Florence.
“You have to have a mitigation plan before continuing to build,” he said.