Finally, International Drive can be completed
From a public perspective, lawsuits are best settled at some point in the legalities when the parties resolve their differences, agree on terms, and the court (judge) approves. Last week, the 4th U.S. Circuit Court of Appeals dismissed a case challenging completion of International Drive, which will link Carolina Forest with S.C. 90. The Coastal Conservation League staff attorney, Natalie Olson, confirmed agreements that will end cases pending in two other jurisdictions, U.S. District Court in Florence and the S.C. Court of Appeals.
Settlement means the 5.6-mile segment of International Drive could be open to motorists in a matter of months, when construction is completed. A court decision allowed more construction, which started in March, but kept the road closed to the public until resolution of the lawsuit.
That was another legal victory for Horry County and, significantly, a signal to the plaintiffs (CLC and the South Carolina Wildlife Federation) that settlement was indeed in their best interests. In other words, as Olson suggested in The Sun News report of the settlement, it now made sense to end the legal challenges to International Drive and move on.
The environmental groups clearly made the right decision for the commonweal - or general welfare - as well. The CLC and SCWF had environmental concerns that centered on potential harm to Lewis Ocean Bays Heritage Preserve and the county’s removal from original plans of tunnels for black bears. The changes had the approval of the state Department of Natural Resources.
The county had pending counterclaims, naming the environmental groups, seeking financial damages and payment of nearly $250,000 in legal costs. Horry County Councilman Johnny Vaught described the agreement as a victory for the county. Both sides will walk away from the lawsuits without paying damages.
“This ends the process and allows everyone to go their way, and the people of Horry County get their road,” he said.
One outcome of the legal battle over International Drive is “automatic stay” legislation in the S.C. General Assembly. The Sen. Luke Rankin bill would limit to 90 days the time state courts may issue an automatic stay on construction. Gov. Henry McMaster had promised to sign the legislation, which has Senate approval, if it reaches his desk. The CLC opposes Rankin’s bill, saying it would limit citizens’ rights to challenge government decisions.
The executive director of the CLC, Dana Beach, says he hopes to work with the county on other road projects “to identify important habitat and be able to make some progress on those without getting immersed in the legal system. We’re looking forward to being involved in a non-judicial setting.”
Of course, that does not suggest any entity, Horry County or state, should expect no challenges from environmentalists. Going forward, we hope differences between highway planners and environmentalists can be more easily resolved than has been the case for International Drive.
This story was originally published April 22, 2017 at 9:22 AM with the headline "Finally, International Drive can be completed."