South Carolina Environmental Law Project

Lawyers for the Wild Side of South Carolina

Court of Appeals Keeps Horry County in Check

Disregard for the judicial process, in addition to wildlife and special habitats, is modus operandi in Horry County. In November 2016, federal District Judge Bryan Harwell denied our motion for a preliminary injunction and revoked his temporary restraining order halting further filling of wetlands and work on the LOBHP side of the road. We have since appealed that decision to the 4th Circuit Court of Appeals, which set our briefing schedule to begin next month.

Meanwhile, on December 15, 2016, the S.C. Court of Appeals granted our petition for supersedeas (or stay) in order to prevent our appeal from becoming moot and to preserve the Court's jurisdiction. At first, Horry County took the position that the Court's order did not halt further construction of the road. The County also asked to have the appeal dismissed claiming that all the permitted work had been completed. This brazen attitude forced us to ask the Court to require compliance with its Order and we are glad to report that the Court took swift and decisive action ordering that the County must halt all work on the International Drive road project, including paving.

Download available Court of Appeals Stay Order in Bays & Bears Case

Download available Press Release on Court of Appeals Stay Order

Court of Appeals Keeps Horry County in Check