The Town of Irmo’s plan to allow a developer to come up with a revised proposal to build the controversial Water Walk development on the shores of Lake Murray is facing a legal challenge.

Irmo resident Adam Raynor contends in a lawsuit that the town can’t reject a development proposal, and then turn around and allow a revised proposal.

On Aug. 30 in a hearing before Judge Daniel Coble, Raynor sought a restraining order to block the move, contending the town is taking a “procedural shortcut” that favors the developer.

The suit comes on the heels of the planning commission’s Aug. 12 decision denying approval for the 550-home development, agreeing with concerns raised by town planning staff about Water Walk’s density. The plans by Charleston-based developer Material Capital Partners had drawn opposition from the public over fears it would increase traffic congestion and present other problems on the 65-acre property on Dreher Shoals Road.

Raynor, who is not an attorney but filed the lawsuit on his own behalf, contends the town would violate its own ordinance by considering a revised version of the developer’s plan after the town issued a denial on the original plan. He contends that Material Capital Partners must wait up to a year to resubmit plans for the 65-acre property to the town.

But in response to Raynor’s request for a restraining order, Irmo Attorney William Edwards argued that the town council has the authority to approve or reject the planning commission’s Aug. 12 recommendation, and nothing in the town ordinance or state law prohibits a developer from revising their plans before that process is complete.

In a ruling issued Sept. 2, Judge Coble rejected Raynor’s request for a restraining order.

Coble said a temporary restraining order is a “drastic measure” and the plaintiff had not provided enough evidence that it is needed.

Raynor told the Chronicle in response to the judge's decision that he fully supports public meetings and the opportunity for community involvement in important decisions.

“My concern is with the Town of Irmo’s repeated disregard for legal procedures and the voices of concerned citizens," he said. "The court’s denial of the temporary restraining order misinterprets my intent. I am not opposing the process of public meetings or the developer’s intention, but advocating for the town to follow the laws in place to ensure fairness and transparency. When the law is ignored, it undermines the trust the community places in its local government.”

Edwards acknowledged the lawsuit is still pending and will receive further consideration by the courts.