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County named in legal complaint regarding Mt. Vintage


web posted February 5, 2009
EDGEFIELD – Dennis Brite, who spoke to the Edgefield County Council Tuesday night concerning the endless empty promises of Bettis Rainsford on behalf of Mt. Vintage Development, surprised the County Council with information of a lawsuit that names the county as a defendant. An action was filed Tuesday naming Edgefield County as a defendant along with MV Development and its owners seeking a jury trial and unspecified damages.

The amended summons was filed in the Clerk of Court’s Office at 12: 14 pm, Tuesday, by Mike Caldwell and Caldwell Design and Construction Inc. states the basis of the action is for breach of contract accompanied by fraudulent acts, fraudulent misrepresentations, acts of negligence and recklessness, and unfair trade practices and is seeking a declaratory judgment and injunctive relief.

All parties are required to respond in thirty days. The action, and this report, represents only one side of the case and the parties involved.

According to the filing, Caldwell Design and Construction Inc. purchased two lots in the new section of Mt. Vintage and the plats and sale of the property were not proper or done in accordance to local and state laws, the required infrastructure was not and has not been completed as prescribed, and a bond, line of credit, or cashiers check were not collected by the county according to county ordinances, and has resulted in large losses for the plaintiff.

The filing states in part, “The individual Defendants and their alter-ego MV Development Company, LLC recorded by trick of device and knowingly failed to comply with county ordinances. After willfully and wrongfully recording the plats, the Defendants then employed the improper plats for use as a final plat when in truth and in fact the plats were defective; illegal; and no good.”

The ten-page filing lists eight causes for action. It is unknown if the defendants, including the county, has been served with the newly filed action at this writing.

The recent case is the third action filed in the last thirty days against Mt. Vintage and the first to include the county. According to statements made in the last two county council meetings, the most recent filing may provide a blueprint for every other lot owner, numbering over 130, in the new section to file similar complaints individually or collectively.

 
 




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