Judge grants temporary injunction

The plaintiffs in South Carolina Public Interest Foundation and others have won a temporary injunction against Oconee County.  Judge McIntosh’s ruling today further orders that the dispute needs to be extradited for trial.  As the judge sees it, the Oconee $25 million bond issue is not about the selling of the bonds, but rather the use of the bond money.  And that is what plaintiffs’ attorney Carpenter argued during a July 17 pre-trial hearing.  Carpenter on behalf of his public interest foundation along with 12 Oconee County residents brought the challenge last spring.  Lawyers for Oconee had sought the dismissal of the case, but it is now headed for a non-jury trial.  Here’s some of the language in McIntosh’s order:  “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 mandate, the county must create a special tax district specific to the area that stands to benefit.”  Defense lawyers have argued that all of Oconee will benefit from the economic development that I-85 sewer is likely to attract.