Probate Lawyer in Tigerville, SC

About The Cobb Hammett Law Firm Difference

As seasoned probate lawyers in South Carolina, we understand that Estate Administration often involves sensitive family dynamics as much as it does the legal minutia involved in probate law. After all, a person's estate not only affects their generation but the generations that follow.

But when your loved one passes, their assets must be managed and distributed correctly. When mismanaged, disputes often arise between parties like the Beneficiaries, Trustees, Heirs, or Executors of a Will. Even when everything is managed the right way, arguments and misunderstandings can still occur, and even evolve into bitter legal battles necessitating probate litigation.

It stands to reason, then, that you should hire a probate lawyer in Tigerville, SC to help. But the truth is, many attorneys don't have vast experience with probate and trust work. If they do, they aren't usually seasoned trial attorneys. That's what separates probate attorneys at Cobb Hammett, LLC from others - we have the ability to help plan your Estate and litigate estate disputes if they arise.

We are keenly familiar with local probate judges, courtroom staff members, and the related procedures involved with South Carolina probate law. Our intimate knowledge and experience help us successfully navigate the probate process to complete our client's cases quickly and efficiently.

But that's just one aspect that sets Cobb Hammett apart from other firms. Understanding the importance of personalized attention, we also make an intentional decision to limit our law firm's overall caseload. This allows us to better focus on individual clients, many of whom remain with us for generations. We do not pass off cases to paralegals or junior associates but rather prioritize the attorney-client relationship. We value compassion and integrity, and our practice reflects those values.

Moreover, trust is one of the most important aspects of the attorney-client relationship. We work to create an open, friendly environment in which you can feel comfortable. After years of experience, we boast the skill and experience necessary to earn that trust - and that's a priceless commodity when it comes to probate cases in South Carolina.

Understanding The Probate Process in South Carolina

When a loved one passes away, it's natural to go through a time of emotional adjustment. However, it's crucial for the family of the loved one to face the financial realities of their estate. That reality includes the probate process, which involves distributing assets and settling the estate. A probate attorney in Tigerville, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility in South Carolina.

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Steps to the Probate Process in South Carolina

01

Delivery of Will Upon Death: During probate, the first step involves having a will delivered to an Estate Administrator or to the probate court. The deadline to accomplish this task is 30 days.

02

A Personal Representative is Assigned: This individual is often named in a Will and should be appointed officially by the court.

03

A Notice is Sent to Intestate Heirs: If these heirs feel that they should inherit, they have a right to challenge this step.

04

The Estate is Inventoried and Appraised: This process must occur within 90 days of opening an estate. In some estates with valuables like jewelry, art, and property, professional appraisers may be needed.

05

Settling Accounts: During this step, the estate must pay any applicable taxes, ongoing expenses, or outstanding debts. Should the estate not have enough money to pay these debts, creditors must be paid according to South Carolina code.

06

Distributions: If there is money in the estate after debts are paid, those funds are given to heirs of the estate, according to the Will or the State.

07

Discharge: As soon as any claims are paid, the personal representative of the estate will file documents to close the estate. To make this official, the court will issue a Certificate of Discharge.

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Avoiding Probate in South Carolina

Though most estates in South Carolina must go through probate, it is possible to avoid. This happens when a decedent's assets are placed in a Living Trust prior to their death. In this scenario, beneficiaries must be designated in order to inherit the estate. Suppose there are funds that have been promised to beneficiaries via life insurance policies or bank accounts with "payable upon death" designations. In that case, those funds do not have to go through probate.

Assets subject to probate in South Carolina include:

  • Interest in an LLC, Partnership, or Corporation
  • Real Estate Held as a Tenant in Common
  • Property Held in Only the Deceased's Name
 Probate Attorney Tigerville, SC
Probate Lawyer Tigerville, SC

Assets that are not subject to probate in South Carolina include:

  • Assets Placed in a Trust
  • Assets Which Are Already Tied to a Beneficiary
  • Pension Plan Assets
  • Insurance Policies with Beneficiaries
  • Beneficiaries of Retirement Funds
  • Real Estate or Property with Right of Survivorship
  • Real Estate or Property with Joint Tenancy
  • Accounts That Are Transferable or Payable Upon Death
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Avoiding Probate: Yes or No?

Though it's not always possible, some families go out of their way to avoid the probate process in South Carolina. Doing so can help save money in the long run and also expedite the distribution of funds to heirs. By avoiding probate, you're also keeping personal matters private.

Because every person has different estate and probate complexities, it's hard to say whether avoiding probate is good or bad. Whether or not you should avoid probate depends on your unique situation. As a general rule, it's always best to consult with a probate lawyer in Tigerville, SC, for honest feedback and probate assistance.

Typically, having a Living Trust or a Will in place will make transferring assets easier. A little prep ahead of time will make a world of difference when your loved one passes away. After all, nobody is ever prepared for a relative or family friend's death, but a compassionate, trustworthy probate attorney can make the process easier.

FAQsSouth Carolina Probate FAQs

For many families, "Probate" is a dirty term that involves heartbreak and headaches. And while the probate process in South Carolina can be complex and stressful, having answers to some of the most common probate questions can help put your mind at ease.

Q.

My family member recently passed away, and we're considering their estate. How long will the probate process take?

A.

The time it takes an estate to go through probate in South Carolina varies depending on a number of questions, including:

  • Does the deceased have a valid will?
  • Is the Estate complex or large?
  • Is the Will contested?
  • Have any lawsuits been filed?
  • Is the personal representative of the estate efficient?

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

My loved one mentioned opening a Trust to protect my assets. What is a Trust, and what Trusts should I consider?

A.

As is the case with most probate decisions, opening a Trust should be based on your unique situation and guidance from your probate attorney in Tigerville, SC. With that said, a Trust is meant to hold property for your loved one's benefit. When a Trust is created, assets are transferred into the said Trust and managed accordingly. Though there is a common misconception that Trusts are reserved for the wealthy, just about any family can benefit from opening a Trust.

The most common types of Trusts used in probate include:

  • Living Trust: These trusts are opened and controlled by you while you're still living. When you pass away, the assets in the trust are distributed to the beneficiaries you choose. Typically, these trusts do not go through the probate process.
  • Testamentary Trust: These trusts are usually established after you pass away and are included in your will. These trusts must go through the probate process in South Carolina, though they allow for the distribution of property within a certain time frame.
  • Special Needs Trust: This type of trust gives financial support to your loved one if they are disabled.

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

What happens when somebody dies without a will in South Carolina?

A.

When a person passes away without a Will in South Carolina, the state decides who gets their decedent's assets. This is also called passing intestate. When this happens, usually only spouses, blood relatives, or registered domestic partners can inherit property according to intestate succession laws.

Relatives who receive the probate property of the deceased are usually chosen in the following order:

  • Living Spouse
  • Children or Grandchildren
  • Parents
  • Brothers or Sisters
  • Grandparents
  • Uncles and Aunts
  • Extended Family

If you're in need of a veteran probate lawyer in South Carolina, look no further than Cobb Hammett Law Firm. With years of experience in Estate Administration and probate cases, our team is ready to serve you with excellence and protect your interests. Have additional questions? We're here to help. Contact our office today to learn more about Estate Administration in South Carolina.

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Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!

A Caring, Confident Approach to Probate in South Carolina

Planning your estate is the first step to take if you want to protect your family, your assets, your well-being, and the fruits of your hard work.

At Cobb Hammett, LLC, our team of experienced probate lawyers in Tigerville, SC, can help you navigate the entire Estate Administration process. Through creative legal strategies and a clear understanding of your goals and desires, we work together to make your asset and estate visions a reality. It's never too early to get your estate in order. In fact, estate planning is important for everyone, whether you're single or married, young or old, with or without children. If you're ready to protect your assets and be prepared for probate, contact Cobb Hammett, LLC, today.

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Latest News in Tigerville, SC

North Greenville seeks to honor history, blaze trail with new mascot

TIGERVILLE, S.C. —The oldest college in the foothills of Greenville County is honoring its historic roots while pointing to the future with the announcement of a new athletics mascot.North Greenville University revealed the mascot – Trailblazers – to a packed campus dining hall during a late-night student breakfast Monday evening. The event, designed to offer a festive atmosphere for the start of final examination week, included the surprise announcement, as well as a video introduction of the...

TIGERVILLE, S.C. —

The oldest college in the foothills of Greenville County is honoring its historic roots while pointing to the future with the announcement of a new athletics mascot.

North Greenville University revealed the mascot – Trailblazers – to a packed campus dining hall during a late-night student breakfast Monday evening. The event, designed to offer a festive atmosphere for the start of final examination week, included the surprise announcement, as well as a video introduction of the mascot graphics.

Depicted by a red fox, the mascot change will be effective June 15. The name was selected as a nod to the foothills heritage of the institution while acknowledging the university’s mission of equipping graduates to be “transformational leaders for church and society.” Tigerville, the site of the traditional campus, is near the historic Tugaloo Trail and the Swamp Rabbit Trail.

“Our University was founded by trailblazers who wanted to create educational opportunities for local youth. For 132 years, we have sought to serve students as they journey toward fulfilling God’s calling for their lives,” said NGU President Dr. Gene C. Fant, Jr. “Many of our graduates have gone on to blaze paths of excellence in ministry, education, business, the arts, and other fields. As the Trailblazers, we are both embracing our history and pointing to tomorrow. This distinctive mascot is historical, contemporary, and aspirational for our athletic teams, and the entire NGU community.”

The announcement of the new mascot is the culmination of a process that spanned several years. A task force led by athletics and comprised of members from across campus, including students, faculty, staff, alumni, NGU board and administration assessed the institution’s current and former mascots, and a unanimous recommendation was made to engage a consultant to assist with the identification and development of a new mascot.

Rickabaugh Graphics, a nationally recognized firm that has developed branding artwork for NCAA, NFL, and NBA teams, was selected. Founded in 1986, the company has a collegiate client list highlighted by Ohio State University, the University of Iowa, the University of Wisconsin, the University of Texas, Indiana University, North Carolina State University, and Baylor University. The company worked with a cross-campus NGU team to develop the Trailblazers logo and brand identity graphics.

“‘Trailblazers’ is a fitting name for our student-athletes, as well as the broader NGU community,” said NGU Executive Vice President Rich Grimm, who facilitated the NGU team’s work with Rickabaugh Graphics. “Trailblazers are innovators, leaders, pioneers, and adventurers. Like our students and student-athletes, they negotiate a path forward through the unknown and establish a trail for others to follow.”

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The committee selected the red fox, which is native to the area, according to Grimm, “because the animal displays qualities that also embody a Trailblazer. The red fox is clever, resourceful, wise, fast, tenacious, and brave, and it adapts to its ever-changing environment while continually expanding its territory.”

Rickabaugh Graphics’ explanation of the logo design notes that it includes “rich symbolism that is very appropriate for NGU. The overall shield shape represents both the strength and unity on campus. The top crest of the shield is a nod to the local geography of the Blue Ridge Mountains. And finally, the red fox is focused on the North Star which has long been a guiding light for explorers. This light symbolizes both ‘reaching for the stars’ and ‘setting one’s sights high,’ and of course underscores the fact that NGU has long been referred to as ‘a light on the hill.’”

“From an athletics perspective, I believe our student-athletes and alumni will quickly embrace our new mascot,” said Jan McDonald, NGU’s director of athletics. “The Trailblazers reflect our area, and having a red fox as our mascot will represent NGU and our geographic area well. This is an exciting moment for the university. The committee and Rickabaugh Graphics did an outstanding job in this major undertaking. We truly are blazing trails of success as we equip our student-athletes for lives of leadership and service.”

“I am excited about the direction that North Greenville is going,” said 2023 student-athlete alumnus Lance Calcutt, who will complete a master’s degree in organizational leadership from the university this spring. “A Trailblazer is a true embodiment of our university, representing our ability to be frontrunners in our future careers, church, and society. My time at NGU has given me a deep love for my alma mater, and I am proud to now call myself a Trailblazer. Even as my time here comes to an end, I am so excited for what the future holds at North Greenville University.”

North Greenville has been represented by five distinct mascots in its history and has embraced the “Crusaders” since 2001. The earliest recorded mascot was the “Moonshiners,’’ which was used in a 1924 Greenville News article about the school’s football team. In 1950, North Greenville Junior College students voted to employ the “Black Widow Spiders” as the mascot, yielding the long-standing black and red school colors. Three years later, the mascot was changed to the “Mountaineers” or “Mounties,” which was employed for 48 years. From 1958-69, the college’s women’s basketball team was called the “Lassies.”

Lamont Sullivan, NGU senior associate vice president for alumni engagement and athletics development, who wore the “Mounties” name as a member of North Greenville’s football team in the 1990s, said the Trailblazers name will create a positive new legacy.

“This iconic term perfectly aligns with our school’s values and mission, and I cannot wait to see our students and alumni continue to blaze new trails in their lives and careers,” said Sullivan. “We are excited about new students and friends joining our NGU Trailblazers community and being part of our legacy of excellence.”

Following the mascot announcement, students received NGU Trailblazer t-shirts and other branded items marking the moment. University officials said apparel and other gear with the new mascot name and logo are being developed and will be available this summer through the NGU Campus Store and other outlets.

The late-night announcement, including the video, was shared with NGU alumni in a social media post which coincided with the on-campus mascot reveal.

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Upstate Forever protects 700+ acres across the Upstate

735. That’s how many acres of land conservation nonprofit Upstate Forever (UF) has recently protected in Greenville, Anderson, and Pickens Counties.Protection of the acreage — which splits across six properties — was achieved through conservation easements, voluntary legal agreements with landowners, and Upstate Forever’s ...

735. That’s how many acres of land conservation nonprofit Upstate Forever (UF) has recently protected in Greenville, Anderson, and Pickens Counties.

Protection of the acreage — which splits across six properties — was achieved through conservation easements, voluntary legal agreements with landowners, and Upstate Forever’s nationally accredited land trust.

Here’s a look at the projects in each county:

Blackwell Farm, Tigerville | ~50 acres | This property’s meadows, hardwood and pine forests, diverse plant species and wildlife habitat, and Tyger River tributaries are protected from local development.

Five Oaks Farm, Southern Greenville County | 401 acres | The property, which covers ~one mile along the Saluda River, will be maintained for hunting and wildlife management while encouraging native grassland habitat.

Beaverdam Creek Preserve, Greer | 33 acres | A conservation easement prevents the development of this property along Beaverdam Creek and its wildlife habitat and 11 acres of wetlands.

Eastatoe Headwaters, Eastatoe Valley | 26 acres | In the Eastatoe Valley by the The Cherokee Foothills Scenic Highway, a conservation easement will conserve the headwaters’ rare plant habitat, geologic properties, and scenic vistas

Bryson Children’s Nature Walk, Six Mile | 63 acres | Thanks to UF’s land trust fund, this property’s network of beaver bonds will be protected, and The Town of Six Mile will open the property as a public park with trails, a boardwalk, pond overlook, and natural habitat preservation.

UF will protect 161 acres belonging to an anonymous landowner.

Learn more about Upstate Forever and its work.

Ice Cream, Animals, and Fun at Famoda Farm near Greenville, SC

Have you heard of Famoda Farm in Tigerville, SC? We just had the most amazing afternoon visiting the farm, enjoying delicious ice cream, and hanging out with baby goats! The cows, donkeys, bunnies, and sheep joined us at the fence to visit, and we even picked up some fresh milk to bring home. This is a special place, I mean like turn a “grumpy preteen” day into a “sunshine-filled happy day” kind of place. Do you know how rare that is? It’s awesome, which means we’re telling you all abou...

Have you heard of Famoda Farm in Tigerville, SC? We just had the most amazing afternoon visiting the farm, enjoying delicious ice cream, and hanging out with baby goats! The cows, donkeys, bunnies, and sheep joined us at the fence to visit, and we even picked up some fresh milk to bring home.

This is a special place, I mean like turn a “grumpy preteen” day into a “sunshine-filled happy day” kind of place. Do you know how rare that is? It’s awesome, which means we’re telling you all about Famoda Farm so you can plan your visit.

Arriving at Famoda Farm

The entrance to Famoda Farms is a gravel driveway with pasture on either side. Just plug the address into your GPS and look for the signs. Even my preteens and teenage kids were stoked to see the cows in the pasture as we drove in. You think it’s cute when little kids love animals. Well, hearing “Aw, there are cows! Hi Cows!” will melt your heart when it comes out of the mouth of a fourteen-year-old boy, too.

Ice Cream at Famoda Farm

Amazing Grazin’ Hand Dipped Ice Cream is the newest addition to Famoda Farm. You’ll find their cute ice cream truck beside the farm store with a wide array of seating options in the shade.

There are quite a few ice cream flavors to choose from, plus toppings that can be added. Choose a cup or cone variety. My kids always go with the “ice cream in a cup and a cone on top option”, having been raised from tots to enjoy the cone without the stress of racing to polish off a melting, dripping cone. But, you know, you do you.

There was one dairy-free option – a lime daiquiri sorbet- that I enjoyed.

Things to Do at Famoda Farm

The ice cream is good, but the animals are the best part, in my humble opinion. Where else can you go enjoy some ice cream and then wander around hanging out with adorable farm animals? Nowhere! There is no admission fee to the farm, so checking out the animals is totally free and you definitely don’t want to skip this part.

Visit with cows, donkeys, bunnies, a sheep, and goats at the Lovin’ Barn. Most of the animals are in pastures, but a few of the older goats roamed with supervision. They aren’t allowed over by the ice cream though, so don’t worry, you won’t have any goats trying to steal your dessert.

Some wonderful people at the farm told us about the animals and even walked us over to the baby goats in the barn. Yes, there were baby goats in the barn and yes, we got to pet them.

In the barn, depending on the day, you also may find any of Famoda Farm’s other younger cows, Twinkles the sheep, the other goats, and maybe even some baby animals!

The babies in the barn were 2-3 months old and full of energy when we went in 2022. Of the older goats that roamed outside the pasture, one of the youngest is Billy. He’s a little over a year old and super sweet. The other two goats are Fancie and Mama Goat. Fancie is the tan goat and she was not into pets, preferring to meander to a new patch of grass to munch when approached. Mama Goat is the largest goat and she spent most of her time relaxing in the shade.

If you visit when it’s time for one of the calves to have a bottle, you can have a turn giving them the bottle! When we visited at the end of August 2022, the baby cow, Rusty, was just 6 days old and super enthusiastic about his bottle. There’s no cost to interact with the animals or feed the babies. In the future, the farm plans to bring in more bottle-fed babies, giving families a chance to participate in the work that goes into raising animals on the farm by feeding them.

And just because this is seriously cool, and Rusty and his little “moos” for his bottle are so stinking cute, here’s another Rusty bottle photo.

There is an outdoor play space with climbing equipment, a see-saw, and more fun things for younger kids. All of the equipment is spread out across a shaded lawn, perfectly inviting even in the summer heat. This is a great spot for the kids to run off some of that ice cream before popping them back in the car.

Grazers: Farm Store at Famoda Farm

The farm store, called Grazers has lots of local items like raw milk, Happy Cow milk, local cheese, and local meats. You’ll also find pottery, candles, and other locally made items that would make excellent gifts.

Event Space

Famoda Farm also has a beautiful barn event space that can be rented for weddings, baby showers, and really any large gathering.

Beef Shares

Famoda Farms offers full or half shares of beef, either 400 or 800 pounds. They process five or six per month and you can even pick out your cow if you want and meat cuts. The price is $10/pound and the farm uses zero additives or hormones.

Famoda Farm: Our Review

I’m trying to figure out if I can justify taking the kids out for ice cream again tomorrow, too. Or, maybe we’ll finish that whole gallon of milk I just bought tomorrow morning so we can go back and buy some more.

Truly, it was one of the best summer afternoons I’ve had with the kids this year.

The farm is perfectly set up for families to enjoy. If you like ice cream, if you like animals, if you just need a gallon of milk, go visit. I don’t think you’ll regret it.

It’s a farm. There are animals and that means poo, insects, and even those pesky fire ants. Closed-toed shoes would be a good choice if you plan to walk around by the animals.

You can pet all the animals that come to the fence, just be mindful of the wire on the inside of the fences. They are electric, they are on, and they will hurt if you touch them.

Hours: Ice cream is open Friday and Saturday from 12 pm to 9 pm, and Sunday from 4 pm to 9 pmGrazers (farm store) is open Wednesday – Friday 10 am to 6 pm, Saturday 9 am to 1 pm

Please note that when the farm has festivals like their Fall Festival in October, the animals will be moved to the festival grounds (3 Camp Creek Rd). Admission is charged for these festivals.

Famoda Farm7410 Mountain View Road, Taylors

Craving more ice cream?

Check out our list of the 10+ Best Ice Cream Shops near Greenville, SC!

Farms Near Greenville, SC with Family-Friendly Activities

Chapin Family Practice welcomes Candace Prince, DO, and Joshua Prince, DO

West Columbia, S.C. – Lexington Medical Center announced this week that Candace Prince, DO, and Joshua Prince, DO, have joined their hospital’s network of care at Chapin Family Practice. The doctors have taken care of families in Newberry, Chapin, and the surrounding areas for several years. Chapin Family Practice is home to highly skilled physicians, nurse practitioners and staff who have provided comprehensive care to patients of all ages in the Chapin community for more than 35 years.Dr. Candance Prince...

West Columbia, S.C. – Lexington Medical Center announced this week that Candace Prince, DO, and Joshua Prince, DO, have joined their hospital’s network of care at Chapin Family Practice. The doctors have taken care of families in Newberry, Chapin, and the surrounding areas for several years. Chapin Family Practice is home to highly skilled physicians, nurse practitioners and staff who have provided comprehensive care to patients of all ages in the Chapin community for more than 35 years.

Dr. Candance Prince graduated magna cum laude from North Greenville University in Tigerville, South Carolina, and earned her medical degree from the Virginia College of Osteopathic Medicine in Blacksburg, Virginia, graduating with Sigma Sigma Phi honors. She then completed her family medicine residency at Spartanburg Regional Healthcare System in Spartanburg, South Carolina.

Dr. Candance Prince most recently cared for patients of all ages at Lexington Family Medicine in West Columbia and at Self Medical Group Family Healthcare in Newberry. In addition to her clinical practice, she volunteered in her community as a medical consultant and clinic program coordinator for Reach Out and Read. Board certified by the American Board of Family Medicine and the American Osteopathic Board of Family Physicians, Dr. Prince is a member of the American Academy of Family Physicians and the American College of Osteopathic Family Physicians. She specializes in women’s health, pediatric and adolescent care, and minor procedures.

Dr. Joshua Prince graduated summa cum laude from North Greenville University in Tigerville, South Carolina, and earned his medical degree from Edward Via College of Osteopathic Medicine in Blacksburg, Virginia. He then completed his family medicine residency at Spartanburg Regional Healthcare System in Spartanburg, South Carolina.

Dr. Joshua Prince most recently cared for patients of all ages at Lexington Family Medicine in West Columbia and at Self Medical Group Family Healthcare in Newberry. In addition to his clinical practice, he volunteered in his community as a medical consultant for Reach Out and Read. Board certified by the American Board of Family Medicine and the American Osteopathic Board of Family Physicians, Dr. Prince is a member of the American Academy of Family Physicians and the American College of Osteopathic Family Physicians. He has specific interests in minor procedures, sports medicine, preventive medicine and endocrinology.

Developer takes Greenville County to court after board quashes his housing project

A developer wants his day in court after an energized Greenville County planning board reversed course on a housing project in northern Greenville County, quashing it a month after giving it the green light.In a 4-2 decision at its July 25 meeting to reject Ethan Richard Estates, the Greenville County Planning Commission cited a new rule — Article 3.1 of the county's Land Development Regulations — that allows that body to reject subdivisions that are not "compatible with the surrounding land use density...

A developer wants his day in court after an energized Greenville County planning board reversed course on a housing project in northern Greenville County, quashing it a month after giving it the green light.

In a 4-2 decision at its July 25 meeting to reject Ethan Richard Estates, the Greenville County Planning Commission cited a new rule — Article 3.1 of the county's Land Development Regulations — that allows that body to reject subdivisions that are not "compatible with the surrounding land use density" or the site's environmental conditions. In June, that same body had approved the project.

Article 3.1, added in March, has given the planning commission broad, unprecedented powers to control the direction of growth in Greenville County. The commission invoked it in the rejection of at least three other proposed subdivisions in July and August.

More:How Greenville County's new development rules helped communities reject two subdivisions

More:Another two subdivisions fall amid Greenville County push to preserve quality of life

The Ethan Richard Estates neighborhood was proposed along a rural section of Tigerville Road. Homes in the 31-house subdivision would have lot sizes averaging 0.56 acres within a 23.6-acre footprint. Its 11 neighboring lots average 4.8 acres each.

Critics of the project, more than 30 of whom showed up at the commission's public meeting in June, complained the development would perpetuate urban sprawl in an area where the nearest grocery store, in Travelers Rest, is 5.6 miles away.

The developer, Bruce Niemitalo, challenged the Greenville County Planning Commission's July decision to kill the project, saying in legal documents that the board's original approval of the project in June had prompted him to invest time and money for several weeks.

County records show the development company, Niemitalo Inc., purchased a lion's share of the proporty, 22.7 acres, in April for $330,000.

The commission had placed several conditions on the project's June approval, including widening a cul-de-sac in the subdivision so that fire trucks could get in and out.

Julie Turner, who owns a small horse farm across Tigerville Road from the proposed development, has helped organized grassroots opposition to the Ethan Richard Estates project. She was among those in the packed meeting room when the subdivision application was originally approved. Article 3.1, she said, was not properly considered at that meeting because discussion veered toward whether the 26.8-acre property was zoned.

Article 3.1, planning commission members have since clarified, applies regardless of any zoning-related development restrictions.

"We were livid for obvious reasons," Turner said. "We got together and tried to figure out if there was an appeal process."

Turner said her group approached Greenville County Councilman Joe Dill, who represents the Tigerville area, and learned he could take the matter to the County Council and have them send the subdivision back to the Planning Commission for reconsideration.

He did that on July 17, the County Council supported him unanimously, and the matter was added to the commission's July 25 meeting agenda the next day.

Turner and her neighbors have prepared dozens of pages of supporting documents in their battle against Ethan Richard Estates, including a photo illustration, which The News reviewed and was able to recreate, showing the proposed development in the context of surrounding properties.

"Not to belabor Article 3.1, but a picture can speak 1,000 words," she said in an email.

The county's Land Development Regulations are silent on how the planning commission can reconsider subdivision applications.

The minutes of the July 25 planning commission meeting reflect how unusual the situation was, and commission member Chris Harrison expressed reservations at the time:

Mr. Harrison stated he was an open minded person and was happy to reconsider (the Ethan Richard Estates preliminary subdivision application). He cautioned the Commission, this was the first time this had ever happened ... he felt this should not become a habit by any stretch of the imagination.

Niemitalo received official notice of the commission's reversal on Aug. 22 and filed an appeal in state court Sept. 21.

"The Planning Commission's purported reconsideration and revocation of its prior approval of Plaintiff's application was arbitrary, capricious, unreasonable and beyond its lawfully delegated authority," the appeal documents say.

In the appeal, Niemitalo also complains that his development team did not receive reasonable notice that the planning commission was reconsidering his project at its July meeting.

He says he learned about the planning commission's decision to take another look at his project at 3:30 p.m. July 25 — one hour before the meeting. The appeal documents include an email from Paula Gucker, the county's assistant administrator for community planning:

Hey there. Just in case no one in Subdivisions told you. [sic] Mr Dill sent Ethan Richards back for PC to reconsider. It is the last item on the agenda today. Mtg starts at 4:30.

The project's reconsideration was included in an agenda posted online a week before the July planning commission meeting. Dill's request to send the project back to the planning commission for reconsideration was also listed in the County Council's July 17 agenda.

In his appeal, Niemitalo asks the planning commission to stick to its original approval of the project and to pay damages.

Stokely Holder, an attorney for Niemitalo, declined to comment on details of the case.

"With all due respect to you and your profession, I have no intention of trying to litigate this matter in the media," Holder said in an email to The News.

County Attorney Mark Tollison also declined comment. The county has a couple more weeks to respond to the appeal in court.

"We are reviewing the appeal and are in the process of filing an appropriate response to Circuit Court on behalf of the Planning Commission," Tollison said in an email.

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