Major victory for Oconee County Conservatives
The conservatives in Oconee County have been fighting for quite some time to put a stop to the runaway spending that Oconee County Council has been engaging in by taking out a $25 million dollar bond. In a recent ruling there is a victory for the Conservatives of the county and the taxpayers. With this ruling the judge has definitely sent a message that the taxpayers of Oconee County are not your blank check for County Council.
ORDER INFORMATION
PLAINTIFF DID NOT MEET THE REQUIREMENTS OF RULE 65 BUT HAS SUBSEQUENTLY DONE SO.
THE ISSUE IN THIS CASE IS OF SUCH IMPORTANCE THAT THE COURT PROCEEDS TO MAKE A DETERMINATION. BASED UPON OUR STATE CONSTITUTION, SC CODE ANN SECTION 11-15-30, AND OUR CASE LAW , THE COUNTY MAY NOT USE BOND REVENUES FOR SEWER PROJECT(S) THAT WILL ONLY BENEFIT THE SOUTHERN PART OF THE COUNTY WHILE TAXING THE ENTIRE COUNTY.
TO MEET OUR CONSTITUTION’S MANDATE, THE COUNTY MUST CREATE A SPECIAL TAX DISTRICT SPECIFIC TO THE AREA THAT STANDS TO BENEFIT. THIS CASE IS NOT ABOUT THE” ISSUANCE’ OF BONDS WHICH WOULD BE BARRED BY § 11-1530, BUT RATHER CONCERNS THE ISSUE OF THE” USE” OF BOND MONEY FOR UNCONSTITUTIONAL PURPOSES AFTER THE ISSUANCE OF THE BOND. THEREFORE, PLAINTIFFS REQUEST FOR A TEMPORARY INJUNCTION IS GRANTED PENDING FURTHER ORDER OF THE COURT. FURTHER, THIS MATTER NEEDS TO BE EXPEDITED FOR TRIAL. THE PARTIES HAVE STIPULATED AND AGREED THAT THIS MATTER WITH PROCEED AS A NONJURY MATTER.
PLAINTIFF SHALL PUT UP A BOND IN THE AMOUNT OF $1,000 WITH THE CLERK OF COURT SUBJECT TO THE RIGHT OF THE COUNTY TO DEMAND PAYMENT OF, AND ESTABLISH ENTITLEMENT TO, A HIGHER BOND AMOUNT. PLAINTIFF’S HAVE BOTH TAXPAYER AND IMPORTANT ISSUE STANDING. MR. CARPENTER IS TO PREPARE A FORMAL ORDER THAT IS CONSISTENT WITH THIS ORDER, BRIEFS, AND ARGUMENTS MADE. HE IS TO PROVIDE THE ORDER TO OPPOSING COUNSEL PRIOR TO SUBMITTING IT TO THE COURT.
Summary:
The judge has granted an injunction calling the Bond usage for sewer unconstitutional per South Carolina law.
BASED UPON OUR STATE CONSTITUTION, SC CODE ANN SECTION 11-15-30, AND OUR CASE LAW , THE COUNTY MAY NOT USE BOND REVENUES FOR SEWER PROJECT(S) THAT WILL ONLY BENEFIT THE SOUTHERN PART OF THE COUNTY WHILE TAXING THE ENTIRE COUNTY.
