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Council member moves to keep March 2024 settlement terms in Prospect Road litigation; transcript vote unclear
Summary
After public comment, a council member moved that counsel instruct the county attorney to tell parties that counsel did not authorize revised settlement terms and that the county should proceed with condemnation unless March 2024 settlement terms are agreed; the public transcript does not clearly record the final vote tally.
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Following public comment on Prospect Road, a Beaufort County council member moved that counsel "direct the county attorney to inform the parties in the Prospect Road condemnation cases and related challenge actions that counsel did not authorize a revision to the settlement terms, and that council does not agree or consent to revised terms of the proposed settlement agreement as discussed in executive session," and that the county proceed with condemnation unless settlement terms approved by counsel in March 2024 remain in effect and are agreed to by all parties.
The motion was made aloud immediately after council returned to open session and was seconded. The transcript records a vote being taken but does not provide a clear roll-call or complete tally: the record includes audible phrases such as "All in favor," at least one "abstention," and at least one "no," and a council member saying, "I'm voting no." The transcript does not provide a definitive approved/failed outcome or a complete vote record in the provided segments.
The chair had earlier asked for executive session under South Carolina Code section 30-4-70(a)(2) for legal advice related to negotiations and pending litigation in the Hatcher Holdings v. Beaufort County matter, which the motion references. The council indicated there "may be business coming out of executive session" before recessing to the executive session and later returning to address the settlement-direction motion.
The transcript does not record additional instructions to staff, any amended motion, or a full formal vote tally in the public record provided here. Any formal directive to the county attorney or change in the litigation posture should be confirmed in the official minutes or the county attorney's subsequent communications.
