The dirt hauling issue will come before a judge on May 24th.
Dan Shine, County Attorney, on behalf of the Dillon County Council and the administrator, has filed a complaint for a declaratory judgment in the Court of Common Pleas.
It asks for a judgment declaring the Dillon County Policy regarding E-911 Roadways “to be a valid exercise of the (county’s) powers for protecting its citizens and maintaining their safety and general welfare.”
A counterclaim has been filed by Charles Curry that raises three causes of action:
1) Contempt of Court-This is for allegedly violating the Order of the Court dated July 8, 1992.
2)Violation of 4-9-660 of the S.C. Code of Laws-This basically says that county council members cannot give direct orders to employees. He asks for an injunction to stop this practice.
3) Mandamus-This says that council members have “failed to comply with their statutory duties in that plaintiff council members have  directed county employees regarding work to be done on county property as well as on private property and that Plaintiff Mobley (County Administrator) has failed to supervise these employees regarding work they are performing on public property and has failed to prohibit county employees from performing work on private property.” He asks for a “Writ of Mandamus” to require Mobley to perform his statutory duties required of him under Section 4-9-630 S.C. Code of Laws.
This has been set to be heard in non-jury court at 9:30 a.m. on May 24th.