Point Farm Investors, LLC v. Charleston County, South Carolina
| Point Farm Investors, LLC, TWW and JBW LLC, Red House Plantation Properties LLC, Palmetto Point Farm Inc, Adjacent Tract LLC, William E Walpole and John William E Walpole, Jr |
| Charleston County, South Carolina |
| Frank Brumley, Carolyn Griffen, William Griffen, Patrick Ilderton, Edward Thomas Legare, Thomas S. Brantley and Harriet Middleton Wright |
| 2:2023cv00854 |
| March 2, 2023 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| David C Norton |
| Real Property: Other |
| Plaintiff |
Docket Report
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| Filing 22 TEXT ORDER: Defendant moved to dismiss the complaint for failure to state a claim on which relief can be granted. (Dkt. No. 13). The Court gave Plaintiffs leave to amend the pleading to cure its purported defects or respond in opposition. (Dkt. No. 15). Plaintiffs have filed an amended complaint. (Dkt. Nos. 17, 21). Therefore, Defendant's motion to dismiss the amended complaint is DENIED WITHOUT PREJUDICE as MOOT. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/23/23.(ltap, ) |
| Filing 21 AMENDED COMPLAINT Second Amended Complaint against Charleston County, South Carolina, filed by TWW and JBW LLC, Red House Plantation Properties LLC, William E Walpole, Point Farm Investors, LLC, Palmetto Point Farm Inc, Adjacent Tract LLC, John William E Walpole, Jr. Service due by 7/19/2023 (Attachments: #1 Exhibit A - Notices in Post & Courier, #2 Exhibit B - Example of Posted Notice, #3 Exhibit C - County's Internal List of Affected Properties, #4 Exhibit D - Excerpt from Comprehensive Plan, #5 Exhibit E - Powerpoint Slide from County Council Meeting, #6 Exhibit F - Objection Letter from Point Farm to County, #7 Exhibit G - Anchorage Conditional Plat, #8 Exhibit H - Summer House Plantation Final Plat, #9 Exhibit I - County Ordinance rezoning Anchorage Property, #10 Exhibit J - Planning Commission Meeting Minutes September 12, 2022, #11 Exhibit K - Pages 1-7 of Council Meeting Minutes December 6, 2022) (Lesemann, Ellis) |
| Filing 20 TEXT ORDER: For good cause shown, the consent motion authorizing a second amended complaint and providing a response time of 21 days (Dkt. No. 19) is granted. Plaintiff is directed to file the Complaint within 2 days of this Order. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/20/23.(ltap, ) |
| Filing 19 Consent MOTION for Leave to File Second Amended Complaint by Adjacent Tract LLC, Palmetto Point Farm Inc, Point Farm Investors, LLC, Red House Plantation Properties LLC, TWW and JBW LLC, John William E Walpole, Jr, William E Walpole. Response to Motion due by 5/3/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - Second Amended Complaint with Exhibits A - K atttached, #2 Proposed Order 2 - Proposed Consent Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Lesemann, Ellis) |
| Filing 17 AMENDED COMPLAINT on behalf of Point Farm Investors, LLC, TWW and JBW, LLC, Red House Plantation Properties, LLC, Palmetto Point Farm, Inc., Adjacent Tract, LLC, William E. Walpole, and John William E. Walpole, Jr. against Charleston County, South Carolina, filed by Point Farm Investors, LLC, TWW and JBW LLC, Red House Plantation Properties LLC, Palmetto Point Farm Inc, Adjacent Tract LLC, William E Walpole, and John William E Walpole Jr. Service due by 7/17/2023 (Attachments: #1 Exhibit Notices in Post & Courier, #2 Exhibit Example of Posted Notice, #3 Exhibit County's Internal List of Affected Properties, #4 Exhibit Excerpt from Comprehensive Plan, #5 Exhibit Powerpoint Slide from County Council Meeting, #6 Exhibit Objection Letter from Point Farm to County, #7 Exhibit Anchorage Plantation Plat, #8 Exhibit Summer House Plat) (Lesemann, Ellis) Modified on 4/18/2023 to add applicable plaintiff parties as listed on document and create attorney/party association(sshe, ). |
| Filing 16 REPLY to Response to Motion re #11 MOTION to Intervene and Memorandum in Support Response filed by Thomas S. Brantley, Frank Brumley, Carolyn Griffen, William Griffen, Patrick Ilderton, Edward Thomas Legare, Harriet Middleton Wright. (Gowder, W) |
Filing 15
ORDER REGARDING DEFENDANT'S MOTION TO DISMISS (Dkt. No. #13 ) Plaintiff is DIRECTED to file either an amended complaint or a response to the instant motion on or before 10 days from date this order is issued. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/7/2023. (sshe, )
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| Filing 14 RESPONSE in Opposition re #11 MOTION to Intervene and Memorandum in Support Response filed by Point Farm Investors, LLC.Reply to Response to Motion due by 4/12/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A. Planned Development Guidelines Statement of Intent excerpt, #2 Exhibit B. Comprehensive Plan 3.1.7, #3 Exhibit C. Anchorage Phase II Conditional Plats, #4 Exhibit D. Storen Summer House Final Plat, #5 Exhibit E. Excerpt from Dec 6 2022 Council Meeting)(Lesemann, Ellis) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Charleston County, South Carolina. Response to Motion due by 4/17/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(DeAntonio, Kevin) |
| Filing 11 MOTION to Intervene and Memorandum in Support by Frank Brumley, Carolyn Griffen, William Griffen, Patrick Ilderton, Edward Thomas Legare, Thomas S. Brantley, Harriet Middleton Wright. Response to Motion due by 4/5/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit, #2 Affidavit, #3 LR 26.01 Answers)No proposed order.(Gowder, W) |
| Filing 10 Local Rule 26.01 Answers to Interrogatories by Point Farm Investors, LLC.(Lesemann, Ellis) |
| Filing 8 TEXT ORDER granting #7 Consent Motion for Extension of Time until 4/3/23 to file Responsive Pleading to the Complaint. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/9/23.(ltap, ) |
| Filing 7 MOTION for Extension of Time by Charleston County, South Carolina. Response to Motion due by 3/22/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Email with Plaintiff's Consent)No proposed order.(Ferrara, Bernard) |
| Filing 6 NOTICE OF CHANGE OF CASE NUMBER JUDGE INITIALS. PLEASE USE 2:23-cv-00854-RMG on all future filings. (sshe, ) |
| Filing 5 Case Reassigned to Judge Richard M Gergel. Judge David C Norton no longer assigned to the case. (suro) |
| Filing 4 CERTIFICATE OF SERVICE by Charleston County, South Carolina re #1 Notice of Removal. (hcor, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Charleston County, South Carolina.(hcor, ) |
| Filing 1 NOTICE OF REMOVAL from Charleston County Court of Common Pleas, case number 2023CP1000580. (Filing fee $ 402 receipt number ASCDC-10971290), filed by Charleston County, South Carolina. (Attachments: #1 State Court Documents)(hcor, ) |
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