By: Rob Harris

In 2006, Barack Obama had not yet announced his candidacy for President–for the first time. However, it was then, eight long years ago, when two South Carolina businessmen, McCray Smith and Jerry Pettus, purchased the losed Deer Track North Course, with the intention of converting the golf course property into residential housing.

Now, finally, the nearby residents’ attempts to forestall the development have been judically ended and the Smith / Pettus team are geared up and ready to go…. except for a couple of  things. During the litigation delays, they lost the property to foreclosure. And, Smith has sued Pettus and the foreclosing lienholder (First Trident Financial LLC), claiming that they acted to defraud him. Otherwise all systems are go…..

Indeed, so goes the legal (at least the litigation) system.

Here’s the relevant chronology of events that have occurred since 2006:

• Deer Track North Course closes.
• Smith and Pettus, through a limited liability company, purchase the course.
• Four homeowners bring suit to block the residential development. The suit evolves into a class action. Smith and Pettus countersue.
• Meanwhile, the County, arguably bowing to neighborhood pressure, changes the permissible zoning density, depriving Smith and Pettus of the opportunity to build as many homes as they had planned. Smith and Pettus sue the County.
• In 2008, a court initially throws out the residents’ suit, but then decides that certain claims can go to trial.
• In 2010, the court rules in favor (twice) of the course owners. However, the homeowners appeal.
• In 2011, the County settles the zoning density lawsuit by paying Smith and Pettus $325,000.
• Also in 2011, First Trident acquires a promissory note owed to the bank that provided financing to Smith and Pettus.
• In 2012, First Trident forecloses on the property and acquires it at auction for a fraction of what Smith and Pettus had paid.
• Also in 2012, the South Carolina Court of Appeals upholds the lower court’s rejection of the neighbors’ claims. The neighbors appeal to the South Carolina Supreme Court.
• In April 2014, the South Carolina Supreme Court affirms the Court of Appeals decision, clearing the way for the development of the property no longer owned by Smith and Pettus.
• Also in April 2014, Smith proclaims its time for all litigation to end–including his fraud claims against his former partner–offering these pearls of wisdom:

“I think enough people have passed away, enough people have gone bankrupt, enough people have lost value on their homes at Deer Track since this started.  A lot of people have lost a lot on this. It’s crazy and ridiculous and it’s time to end.”

Amen, Mr. Smith, amen.