Court Rules Against Mini-Warehouse Development

Oconee County Superior Court Judge H. Patrick Haggard has turned down a request by Broome Street LLC that Oconee County be forced to issue the company a development permit for construction of mini-warehouses on just more than 12 acres on U.S. 441 behind the Stone Store.

Judge Haggard denied the petition “without prejudice” on narrow grounds, and the case can be reopened for any reason.

The county has imposed a three-year moratorium on development of the property because of a violation of the county Unified Development Code regarding timbering of property that was to be used for development.

Broome Street contended that the action violated the “Takings Clause” of the Fifth Amendment to the U.S. Constitution, which has been interpreted to mean that governments must compensate owners when regulation takes away value from the property.

Judge Haggard said that Broome Street should raise its concerns about unconstitutional taking of property in a civil suit for damages rather than through the requested writ of mandamus, which asked the court to force the county to issue a permit.

For details of this complicated story involving county regulation of development, go to Oconee County Observations.

Pictured: Stone Store on U.S. 441