Town of Mt. Pleasant files counterclaim in Save Shem Creek lawsuit

Published: Dec. 21, 2015 at 9:39 PM EST|Updated: Dec. 21, 2015 at 9:50 PM EST
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MOUNT PLEASANT, SC (WCSC) - Attorneys with the Town of Mount Pleasant have filed a counterclaim in the lawsuit against the Save Shem Creek group.

Save Shem Creek Corp. is suing the town for issues with zoning and construction of a planned mixed-use building near Shem Creek.

The building would house a parking garage along with several office and retail spaces on the lot next to Tavern &Table and Red's Ice House.

According to court documents filed December 14, the town claims the group failed to follow the correct appeals process in the lawsuit.

The counterclaim also calls the lawsuit, "frivolous" and is asking the judge to dismiss the case.

A part of that claim reads, "Upon information and belief the filing of this lawsuit was intended solely for the ulterior purpose to advance the political agenda of the plaintiff, harass Town Council, and cause the Town thousands of dollars in legal fees, despite plaintiff's knowledge that it failed to satisfy the explicit requirements of Town's Ordinance 156.411."

The town is also asking for relief in attorney fees.

A spokesperson with Save Shem Creek feels the town is suing them by moving forward with this counter claim.

On the group's Facebook page a post regarding the portion about "political gains" reads, "Never mind the fact that the Town refused three separate attempts by us and other residents a year ago to just simply have the zoning challenge heard by the Town's Board of Zoning Appeals, thereby leaving us no other choice but to file with a court to have the zoning decision reviewed. Never mind that thousands of Mt. Pleasant residents have spoken out against this project. As Mayor Page said at the garage groundbreaking last month, 'This is the vision ...'"

A Greenville developer broke ground on the project in November.

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