Repko v. County of Georgetown

Respondent David Repko, the owner of two lots in Harmony Phase 2-D-1, commenced this action against the County alleging that the County negligently and grossly negligently failed to comply with or enforce its rules, regulations, and written policies governing its handling of a line of credit granted to a residential land developer in Harmony Township (part of Georgetown County, South Carolina). When the Developer began developing Harmony Phase 2-D-1 in 2006, the County determined it would allow the requirement of a financial guarantee to be satisfied by the Developer's posting of a letter of credit (LOC) to cover the remaining cost of completion of infrastructure. The South Carolina Supreme Court granted Georgetown County's petition for a writ of certiorari to review the court of appeals' decision in Repko v. County of Georgetown, 785 S.E.2d 376 (Ct. App. 2016). Georgetown County argued the court of appeals erred by: (1) construing the County Development Regulations as creating a private duty of care to Respondent David Repko; (2) holding the South Carolina Tort Claims Act1 (TCA) preempted certain language contained in the Regulations; (3) applying the "special duty" test; (4) finding Brady Development Co., Inc. v. Town of Hilton Head Island, 439 S.E.2d 266 (1993), distinguishable from this case; (5) reversing the trial court's ruling that the County was entitled to sovereign immunity under the TCA; and (6) rejecting the County's additional sustaining ground that Repko's claim was barred by the statute of limitations. The Supreme Court addressed only issue (5) and held the court of appeals erred in reversing the trial court's determination that the County was immune from liability under subsection 15-78- 60(4) of the TCA (2005); the Court therefore reversed the court of appeals and reinstated the directed verdict granted to the County by the trial court. View "Repko v. County of Georgetown" on Justia Law