GREENVILLE, S.C. — The Honorable Perry H. Gravely, Thirteenth Circuit judge, issued an order Wednesday morning, reversing the Greenville County Planning Commission’s approval of the high-density Oakvale subdivision in the Blue Ridge area, finding that Article 3.1 applied to zoned and unzoned subdivisions alike and that there was not enough evidence to support the approval.
Judge Gravely remanded the matter back to the Planning Commission for consideration of all the Article 3.1 factors.
This is a victory for Northern Greenville County Rural Landowners, which appealed the Planning Commission’s approval of the Oakvale subdivision, claiming the Planning Commission failed to apply the density compatibility provision of Article 3.1 of the Greenville County Land Development Regulations.
“The Court’s order today establishes that the Planning Commission disregarded its clear mandate to consider the density compatibility provision of Article 3.1 without any legal basis and in contradiction of its past practices,” said South Carolina Environmental Law Project staff attorney Michael Martinez, who represented Northern Greenville County Rural Landowners. “This litigation and the Court’s order should serve as notice to the Planning Commission that its regulations and procedural rules cannot be ignored without consequences.”
NOTE: Although Greenville County Council repealed Article 3.1 in August, the ordinance that repealed Article 3.1 only applied to subdivision applications that were submitted after its effective date. The Planning Commission must consider the Oakvale application under Article 3.1 because it was submitted prior to the effective date of the new ordinance.
Michael Martinez, Esquire
Upstate Staff Attorney
South Carolina Environmental Law Project
Mission: The South Carolina Environmental Law Project uses its legal expertise to protect land, water and communities across South Carolina.