Seeks to Prevent Predatory Development of Historically Black Beach Town
Atlantic Beach, SC — With elegance, grace, and a dash of former model flair, Ms. Porterissia McNeill, proud owner of a breathtaking Mediterranean-style home on the peaceful oceanfront of Atlantic Beach, SC, took on Morant Properties, LLC, a New York developer aiming to build an unsightly 11-story parking garage and massive 21-story high-rise hotel just a stone’s throw away from her beloved home. She quickly became the town’s hero. When the developer couldn’t secure a crucial piece of land, Ms. McNeill swooped in and bought it herself – like a boss. By snagging this key parcel, she effectively put a stop to the parking structure plans, forcing Morant to come up with a new parking and condo proposal.
The developer did not own the approximately 22,000 square foot parking parcel he incorporated into his plan. Morant was able to include the property with the help of three council members, being consulted by Ms. Leigh Kane of the Waccamaw Council of Governments. The three approved changes to section 5.3.441 of Ordinance No 4-2023, removing the requirement that developers must own the properties they intend to develop. However, they didn’t count on Ms. McNeill’s fierce determination purchasing the key parcel Morant needed.
With her graceful demeanor, Ms. McNeill shared, “There will not be an 11-story parking garage on that lot if I can help it! I built here in 1993 and never expected that a large condo/hotel would be sharing the oceanfront a few doors from me. The new residential growth and change in the character of Atlantic Beach that’s occurring is tremendous, it’s refreshing, and I want to see it continue. I expected that the residential deed restrictions would protect me, and I hope the judge rules to enforce them.”
Following the Atlantic Beach Council’s recent decision to fast-track approval of zoning changes in support of Morant’s latest high-density hotel-condominium plan, STARD and other concerned property owners joined forces. Represented by Ian Duggan, attorney at Callison Tighe & Robinson, the group filed a Motion for Preliminary Injunction with the Horry County Court of Common Pleas Learn more.
With this Motion, STARD articulates why the parcels earmarked for development are bound by long-standing deed restrictions that expressly limit construction to residential properties. Arguing that these residential deed restrictions remain valid, STARD’s Motion firmly asserts that these ancestral restrictions can and should be preserved, hold more weight than the Council’s municipal zoning decisions and that the town and developer conveniently overlooked and made no effort to release or quash the deed restrictions, as required by law. Duggan emphasized the importance of these restrictions in preserving Atlantic Beach’s cultural heritage.
University of South Carolina law professor Josh Eagle, who teaches property, environmental and conservation law pointed out that a judge will be looking at whether the deed restriction was accessible to the property owner and that the buyer is obligated to do a title search, so they are aware of any restrictions on the land. STARD learned of the deed restrictions by acquiring a title search of the ocean front parcels from a licensed abstractor. A simple procedure, routinely done as a part of any real estate transaction. The same information was easily found and accessible to the developer, as part of the due diligence process when they bought their oceanfront property.
On Page 131 of the developer’s application to the town where it asks, “Are there any covenants or deed restrictions that prohibit this use?” The answer circled is “No!”
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