Town of Andrews sues Georgetown County, awaiting legal judgment

GEORGETOWN COUNTY, S.C. (WCSC) - A lawsuit is still awaiting its day in court more than a year and a half later. The Town of Andrews filed a lawsuit back in 2021 against Georgetown County Council over a one-cent Capital Sales Tax from 2014.

The lawsuit, filed by attorney Eleazer R. Carter, against Georgetown County Council and council chairman Louis Morant, alleges that the county interfered with Andrews receiving funds from the Georgetown County Penny Sales Tax Revenue, resulting in “an abuse and overreach of Georgetown County’s authority.”

Back in 2014, Georgetown County approved a one-cent Capital Sales Tax Project to help fund capital projects throughout the county. The county collected $12.5 million more than expected, $41 million in total for projects.

Carter says that action for the lawsuit was delayed due to multiple motions being filed by the county. He also adds that during his career, he has never seen a case delayed like this before.

“The law is just so clear in this instance that they [Georgetown County] has to give Andrews the money,” Carter says.

The capital projects funded by the sales tax were listed by priority, with Andrews being third. The number one priority project, Winyah Bay Dredging, costs were too high, bumping Andrews to second priority behind Murrells Inlet Dredging.

The project in question is the Andrews Municipal Complex, which is supposed to house Andrews Fire and Police Complex. Originally expected to cost $1.5 million, a design team reevaluated the project for $5.7 million.

Andrews Mayor, Frank McClary, stating in an email to Georgetown County Administrator Angela Christian on May 21, 2020, that the “Andrews Public Safety Complex Amount was grossly underfunded and would have never been feasible at the initially proposed funding level listed.”

After speaking with the county, the town received $3 million, but never received the remaining $2.7 million needed for the project. The 2014 ordinance states that “all projects must be funded to the maximum cost of the projects or facilities.”

The current facility, located at 101 North Morgan Avenue in Andrews, is the same building requested to be updated back in 2014. The municipal complex houses the entire town of Andrews’ staff with the exception of public works employees.

McClary says that a study done in 2015 for the Public Safety Complex “indicated that the building was likely built in 1900 and has exceeded its life cycle and is in severe disrepair.” The study also included that the current building is extremely dangerous due to the physical condition, including asbestos, mold, and mildew.

Due to the county collecting $12.5 million more than expected, the lawsuit adds that $7 million of the one-cent tax funds were given for individual county council members personal district projects.

“Georgetown county knowingly violated all the above obligations to fully fund all projects, and first to apply all excess Penny Sales and Use Tax proceeds in a priority manner,” the lawsuit states.

The lawsuit also states that the town does not have another source of revenue for the project.

The town of Andrews and Georgetown County have faced conflict in recent months, with the town’s only available EMS services being relocated without Andrews being notified, and a former Andrews High School Gym being partially demolished by the county, releasing asbestos without the county obtaining the correct permits.

McClary made the following statement on Thursday in response:

“Georgetown County Council’s collective decision making process over the past few years is concerning and detrimental to the growth of the county. The recent misguided decisions to abruptly relocate the Andrews EMS, placing a vulnerable community at greater risk and the reckless demolition of an asbestos filled building in the residential neighborhood is indicative of the county council’s mismanagement of capital project sales, tax dollars, etc.”

Georgetown county says it is the county’s policy not to comment on pending litigation.

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