STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

COUNTY OF HORRY ) FIFTEENTH JUDICIAL CIRCUIT

) C.A. No. 18-CP-____-__________

(Plaintiff) ) MOTION FOR RELIEF

Vs. ) EX PARTE TEMPORARY RESTRAINING ORDER

HORRY COUNTY LOCAL GOVERNMENT) AND PRELIMINARY

INJUNCTION

HORRY COUNTY PLANNING BOARD )

(Defendants) )

David Schwerd, Planning Commission Interim Director

Justin Powell, Assistant County Administrator-Administration
Chris Eldridge, County Administrator
County Council: Harold Worley (Chairman) Johnny Gardner, Tyler Servant, Gary
Loftus, Dennis DiSabato, Paul Prince, Bill Howard, Cam Crawford, Al Allen, Danny
Hardee, Harold Phillips, Johnny Vaught

Now comes the Plaintiffs in the above action who moves the Court for a Temporary
Restraining Order and/or Preliminary Injunction, and in support thereof, shows unto
the Court the following:

1. The Plaintiffs respectfully pray the Court to issue a Temporary Restraining Order
and/or a preliminary injunction pursuant to SCRCP Rule 65. So ordering the Horry
County Local Government, Horry County Council, its officials, and agents including
but not limited to the Horry County Planning Board to cease activities that would
permit and allow the new construction and/or development of any and all structures
for common living space, multiunit living, and commercial outparcels in any and all
areas represented, until such time, the environmental impact of said new construction
is of facts or of documentations as to not have an adverse flooding effect on an
existing flood plain zone, to include proper water shedding and sewage collection
measures which are approved by Army Corp of Engineers.

2. The Plaintiffs respectfully pray the court to include in the order a cease to the
mandate of any county fee’s for but not limited to permits to repair, replace,
reconstruct, remove, deconstruct, or demolish of any and all living structures
concerning the devastation of Natural Disasters that have plagued the good citizens of
Horry County.

3. The Plaintiffs respectfully pray the court to include in the order the cease of use of
any and all County Funds that on origination was designated State or Federal Disaster
Relief Funds for any use other than the revitalization of the existing devastated
communities of Horry County pursuant to (Title VI of the Civil Rights Act of 1964)
and (Stafford Disaster Relief Act. amended 2016) of These represented funds are by
design to help with the replenishment of the citizens to obtain to the best of abilities a
lifestyle before the occurrence of the disasters not in a manner to generate, expand, or
proliferate the tax base for Horry County. The funds in reference and of concern
would be any funds designated for after disaster recovery since 2016 Hurricane
Matthew to current including but not limited to fund from, the State of South
Carolina, HUD, FEMA, and Federal Declarations.

4. With the disciplines utilized by the Horry County Council it is apparent there are
many measures of improvement to the development of a proper Disaster Relief Plan
of Action. Pursuant to the Stafford act, (Title II sec 201 42 U.S.C 5131) there are
simulated guideline set for a Federal, State, and local Disaster Preparedness Programs
into effect, (Title III sec 303 42 U.S.C 5144 “Emergency Support and Emergency
Response Teams”) would support volunteer and non-profit originations with the
necessary training and essentials needed in the event of Natural Disasters, (Title III
sec 306 42 U.S.C 5149 “Performance of Services” and Title III sec 309 42U.S.C 5152
“Use and Coordination of Relief Organizations”) would entwine the local relief
efforts of the Horry county with the efforts of the citizenry to function in unison and
on the same plain, and (Title III sec 310 42 U.S.C 5153 “Usage of Federally
Mandated Funds”) is of design to designate the Funds in the proper orientation of
disaster relief. These are of the many improvements suggested.

5. Within the most viable interest of the citizens of Horry County from this date
forward the Fiduciary Duties of The Horry County Government should be held to the
highest standards for the recovery of the citizens and the living spaces they require. It
is apparent thru the dereliction of their Fiduciary duties the Horry County Council has
failed the citizens in the forms of:
a. Failure to utilize information gathering for the protection and well-being of its
citizens concerning the continued flooding and the aftermath of devastation from
Hurricane Florence.

b. Failure to utilize prior and current obtained relief funds to help alleviate the current
flooding problems with the use of commonsense measures such as:

1. Request to the Army Corp of Engineers for evaluation of the problem areas,

2. Possible dredging of the waterways to reduce possible obstructions,

3. Possible construction of a levy type system,

4. Etc.

c. Failure to utilize and administrate South Carolina Code of Laws (Unannotated)

Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and
Other Political Subdivisions

CHAPTER 29
South Carolina Local Government Comprehensive Planning Enabling Act of 1994
SECTION 6-29-510. Planning process; elements; comprehensive plan.
(a) The local planning commission shall develop and maintain a planning process
which will result in the systematic preparation and continual re-evaluation and
updating of those elements considered critical, necessary, and desirable to guide the
development and redevelopment of its area of jurisdiction.
(b) Surveys and studies on which planning elements are based must include
consideration of potential conflicts with adjacent jurisdictions and regional plans or
issues.
(c) The basic planning process for all planning elements must include, but not be
limited to:
(1) inventory of existing conditions;
(2) a statement of needs and goals; and
(3) implementation strategies with time frames.
(e) All planning elements must be an expression of the planning commission
recommendations to the appropriate governing bodies with regard to the wise and
efficient use of public funds, the future growth, development, and redevelopment of
its area of jurisdiction, and consideration of the fiscal impact on property owners. The
planning elements whether done as a package or in separate increments together
comprise the comprehensive plan for the jurisdiction at any one point in time.

The gross neglect of fiduciary duties on behalf of the Horry County Council and
Planning Commission concerning the planning process has result in many county
residents suffering a loss of real property, further placing human life and real property
at risk in the future.

d. Failure to utilize prior and current obtained relief fund to help the citizens with the
rebuilding of not only their home but their standard of life. It is apparent that the
Horry County Council found better intentions to hold or possibly use the funding for
the replenishing of the tourist areas and advertisement to insure revenue for tax dollars
without comparing research on the required staff to work these attractions and the sub
poverty living conditions of these staff members/citizens.

e. Failure to entwine with local volunteer originations assisting in the before, during,
and after scenario’s concerning the recent Natural Disasters to alleviate any direct
liability in the duties of a Governing Body.

f. Placing the blame of their apparent dereliction of Fiduciary Duties on scenario’s

such as 1000-year flood, natural disaster, Super Tides, etc.

6. Incorporating thru references of the above allegations the Plaintiffs pray the Court
for Relief in the form of a Temporary Restraining Order and/or a Preliminary
Injunction to cease the detrimental actions of the Defendants concerning the
misappropriation of relief necessities. Currently, a tremendous amount of devastation
has fallen upon the citizens, both natural and man-made. It is imperative to the
communities and citizens of Horry County that they have access to the remaining
relief aids provided to Horry County by and thru mandated use of funds.

This the ______ day of __________, 2018

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