There has been no movement in the challenge of an Effingham County Economic Development Authority member’s seat, former EDA attorney Mickey Kicklighter said.
Kicklighter updated EDA members on pending lawsuits and on a challenge to Springfield City Council member Charles Hinely’s position on the EDA board.
“There is nothing happening on it,” Kicklighter said of the Hinely matter.
Kicklighter said there is a lot of state law on the issue. Hinely’s seat was called into question last year as some wondered if a sitting council member could represent the city on another appointed board. Kicklighter has filed his opinions, stating there is no crisis with Hinely continuing to serve.
“Until he is removed, all the actions are valid,” he said.
Hinely told the other board members he doesn’t wish to give up his seat.
“I don’t want to leave this board until the judge makes a decision,” he said. “I am tired of being held out on a limb for no reason at all.”
Two other cases involving the EDA are in the state Court of Appeals, including a lawsuit brought on the authority’s immunity from local zoning laws and the EDA’s condemnation of the Research Forest Tract. Briefs have been filed by the parties involved.
One of the parties to the zoning immunity had their appeal dismissed by the Appeals Court, according to Kicklighter. The General Assembly has passed, and Gov. Sonny Perdue has signed, HB 543, which said the EDA will be subject to county and municipal zoning ordinances.
“It is my opinion that is not constitutional,” Kicklighter told EDA members.
Superior Court Judge Gates Peed initially ruled in the EDA’s favor in the case.
He is also optimistic that the EDA will win its case in the Appeals Court with Coastal Water and Sewerage over the condemnation of the Research Forest Tract.
“We’ve won in court, we’ve won with the special master,” he said. “I feel we’ll win with the Court of Appeals.”
Coastal Water and Sewerage filed suit more than a year and a half ago, declaring it had been contracted to provide Tract D with water and sewer services. But Special Master Hubert Reeves ruled that a corporation including the operators of Coastal Water and Sewerage did not own the land before the EDA filed for condemnation.
Also after months of work, the EDA’s personnel policy is getting closer to being put in place.
EDA members were updated on the policy, which has been in the works and refined by members and legal counsel.
“The personnel policy looked good,” EDA Chief Executive Officer John Henry said.
The EDA needs to put a conflict of interest policy and to address how to handle gratuities, Henry said.
“It’s ready to go,” EDA attorney Marvin Fentress said.
He said Patricia Paul, who specializes in employment law at their firm, Savannah’s Oliver, Maner and Gray, reviewed the EDA’s personnel policy.
“She said this is the first one she looked at that didn’t need changes,” Fentress said.
