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Citizen moves to dismiss injunction, force
suit to be heard on bond issues Edgefielddaily.com web posted April 29, 2005 A motion to dismiss the request for an injunction in the lawsuit against the Edgefield County Council over the vote to commit the county to general obligation bonds for the theater project backed by developer Bettis Rainsford has been filed in the Clerk of Courts office Tuesday, April 26, 2005. The suit, brought by Merriwether resident Roy Blackwell, states the Edgefield County Council improperly took a vote to agree to bond issues after Mr. Rainsford was added to the agenda the day of the regular meeting. The motion, as filed, asks that the, “injunction be dismissed,” and that the original complaint of the vote be “adjudicated at a time provided by the court.” Mr. Blackwell said, “there was no point in pushing the injunction when the follow up votes would never be held since the project has basically been killed due to lack of support.” However, he said that did not excuse the actions of the majority of council and he felt the county council, “needs to stop repeatedly subverting not only the law, but the spirit of the law.” The lawsuit, filed Augusta 10, 2004, stemmed from a July 6, 2004 vote of the county council to agree to support $200,000 in general obligation bonds if the theater project pushed by developer Bettis Rainsford got other state and federal grants. Mr. Blackwell contends that by voting to agree to support the project with bonds violated state law in the process prescribed in issuance of, or agreement to issue, bonds in the name of a municipality. Edgefield County, who is represented by County Attorney John F. Byrd, Jr., says the county simply passed a resolution in support of the project. The county's position obviously differs from that of Mr. Blackwell, but also that of all the local media who also covered the vote. The Citizen News in its July 14, 2004 edition published the headline, “County Pledges $200,000 to help launch theater,” and began their story with, “The Edgefield County Council is aboard as an investor in the proposed community theater project in downtown Edgefield, pledging $200,000 in general obligation bonds to the plan.” The Edgefield Advertiser headlined its story as County Council voting to fund theater also. How so many could have misunderstood the vote that took place is something the court will have to address and the county will have to defend against. The pretrial motions will be heard May 2, 2005 before the onset of the next round of the Eleventh Circuit Court proceedings at the Edgefield County Court House. The suit involving the county could be moved directly to adjudication prior to jury trials unless the county objects. Return to Main Page
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