Ellenburg Road case back in court

A ruling is promised by week’s end on whether an appeal in the case of Ellenburg Road leading to Lake Keowee may be heard by a jury or whether the matter is better suited for a judge’s ruling.  Judge McIntosh this afternoon heard from both sides in the civil case Frances Ratliff and others versus Oconee County and others.  In his conclusion today, McIntosh’s said he wants to read court documents, but indicated he’s leaning to deny plaintiff lawyer David Paavola’s motion for a jury trial.  Instead, McIntosh, said he’d prefer the parties allow the circuit’s master-in-equity to decide the dispute involving whether Ellenburg Road is considered a public road.  The position of the plaintiffs is that the road is not public, and that they’ve done maintenance on it.  Larry Brandt, a defense attorney, disagreed and said the county has maintained Ellenburg Road, and the road remains public, as no one has followed procedures spelled out by law to abandon the road for public maintenance.  Brandt told Judge McIntosh his client, a group of home developers, are being prejudiced the longer the Ellenburg Road case bounces from one court to another because their plans are incurring price increases the longer the case continues.