Donohue v. City of North Augusta

June 18, 2015 by Justia

At issue before the Supreme Court in this case was a circuit court's order upholding the validity of an ordinance amending respondent City of North Augusta's 1996 Tax Increment Financing District (TIF) ordinance, and a finding that the Mayor and City Council did not violate the Freedom of Information Act (FOIA) between January to September 2013. In 1996, respondents adopted an ordinance creating a Redevelopment Plan to revitalize the City's riverfront and the adjacent areas. In 2013, City Council adopted an ordinance amending the Redevelopment Plan to allow the City to proceed with "Project Jackson," a development project of riverfront property for commercial activities ("minor league baseball stadium, a convention center, parking decks, a YMCA, a 200 room hotel, and assorted commercial buildings"). The ordinance both extended the duration of the Redevelopment Plan and the associated TIF Bonds, and increased the amount of the estimated Bond Issuance to finance the Plan. Appellant Stephen Donahue contended that the City did not comply with the statutory requirements of S.C. Code Ann. 31-6-80(F) (Supp. 2014). Appellant contends the final clause of 31-6-80(F)(2) required respondents to redetermine that the property affected by the amended ordinance met the criteria set forth in 31-6-80(A)(7) (Supp. 2014). He argued the City was required to hear evidence and then state their 31-6-80(A)(7) findings in Ord. No. 2013-19. Appellant subsequently made a FOIA request with regard to the the City's discussions of the ordinance amending the TIF Bonds. Appellant contends that the circuit court erred in finding that between January and September 2013 respondents complied with the FOIA's requirement that "the specific purpose of the executive session" be announced in open session. The circuit court held an announcement that the purpose of the executive session was the discussion of a "proposed contractual matter" satisfied the specific purpose requirement. The Supreme Court agree with the trial court that the ordinance at issue on appeal here was valid, but the Court agreed with appellant that the FOIA was violated. View "Donohue v. City of North Augusta" on Justia Law