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Post |
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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EdgefieldDaily.com All
original material is property of
EdgefieldDaily.com and cannot be reproduced, rewritten or redistributed
without the expressed written permission of Edgefield Daily.com
|

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