An Horry County judge declined on Monday to consider whether a temporary moratorium should be placed on all new housing and commercial construction, citing several issues with the original complaint filed by a local resident.
Timothy Irving, who filed the court request and an online petition with hundreds of signatures, said afterwards he planned to withdraw his motion for a full moratorium against new construction.
Instead, Irving said the plans are to pursue a moratorium on any new construction in wetlands or flood plains.
Irving chose to represent himself in this case against certain current and former Horry County employees, current and former county council members, and the county Planning Commission.
Judge Steven John said Irving failed to serve any of the defendants named in the suit with a court summons, and that was Irving’s responsibility.
“There are other things you need to do before the court will hear it,” John said.
The motion filed must be based on affidavits or written memorandums — testimony is not
taken for temporary injunction hearings, John said.
“You have to file some kind of affidavit in support, or it won’t be heard in court,” John said.
As to the petition filed with the court, the judge said Irving could only represent himself, not those who signed the petition.
Once a motion is property filed and served, it will go back on the court calendar, John said.
Irving said after the hearing a lawyer will represent him in future actions, and that his change in strategy was due to efforts already underway by the county and state to address flooding concerns.
Irving cited the governor’s flood commission plan that addresses floodplain construction, and the county’s effort already underway with independent engineers to assess the area’s flood resiliency.
The new motion for a temporary moratorium would only last until the county adopts a flood resiliency plan, and the flood commission’s report is finalized, Irving said.