County sued over 7-acre minimum lot size

Published 7:43 am Wednesday, April 2, 2008

Ricks Mountain, LLC, the developer of a proposed major subdivision in Saluda Township, has filed a lawsuit with the Polk County Civil Superior Court.

Ricks Mountain proposed last April a 319-lot subdivision on 1,275 acres on the western slopes of Tryon Peak in the Saluda Township.

The lawsuit says that Ricks Mountain should have been grandfathered from the 7-acre minimum lot size requirement because the Polk County Planning Board reviewed the conceptual plan for the development before it amended the subdivision ordinance to require larger lot sizes.

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The planning board on April 12, 2007 reviewed conceptual plans for the project, but did not approve those plans. However, at the time, a clause in the county&squo;s subdivision ordinance said that&bsp; lot dimension requirements for major subdivisions do not apply to subdivisions that have been &dquo;reviewed&dquo; by the planning board or staff.

That clause was later deleted from the county&squo;s most recent version of the subdivision ordinance, after it was amended in January of this year to add the 7-acre minimum lot size requirement. Ricks Mountain&bsp; claims that deletion was not properly advertised prior to the county&squo;s public hearing on the amendment, which makes the requirement invalid.

Look for additional coverage on the lawsuit in today&39;s Bulletin.