Appeals court to hear International Drive case

The S.C. Court of Appeals has agreed to hear arguments from environmentalists seeking to block construction of International Drive, which could cause further construction or completion delays on the contentious road project.

Dana Beach, executive director of the Coastal Conservation League says the decision to reexamine the issuance of permits needed to build the road means the court will also consider their request for a restraining order to stop or limit construction during the court process.

“It means they agreed with us and suspended the effects of the decision by the lower court to deny us a restraining order,” Beach said.

“It is my understanding that there will be a hearing on the substance of the appeal, but they’ve agreed to consider it,” Beach said. “Our point of view is that because they agreed, it is a legitimate request that the county must not move forward with any further road construction until the court has the opportunity to deliberate and hear both sides and make a decision about who they agree with.”

No date has been set for the court to consider their case.

Mark Lazarus, Horry County Council chairman, could not be reached for comment Thursday. It was unclear whether the county agrees the decision means construction work must cease or can continue to move forward.

The Coastal Conservation League and S.C. Wildlife Federation filed a petition for supersedeas seeking to stay the permits needed for the road project that were issued by the state Department of Health and Environmental Control.

After reviewing the environmentalists’ request, the court said “we find supersedeas is necessary to prevent contested issues from becoming moot.”

Beach says that if construction is not halted while the court case proceeds, then it’s a moot point if the road is already built when the court makes a final ruling.

The groups have contested the road’s construction in numerous state and federal court proceedings this year but have not been successful in stopping the road.

Construction began on the $16 million 5.6 mile highway linking Carolina Forest with S.C. Highway 90 in August after a year of state court proceedings in which the county prevailed.

A federal judge did order that some road construction work be limited while the case proceeded in U.S. District Court, but that order was only temporary.

This story was originally published December 15, 2016 at 12:06 PM with the headline "Appeals court to hear International Drive case."