A second lawsuit has been filed against Richland School District 1, claiming that clearing trees for the district’s controversial early learning center project has caused flooding damage to nearby homes in Lower Richland.
Richland 1 broke the law by beginning construction and spending public money on an early learning center without the necessary legal authority, according to a state Inspector General’s report. Now clear-cut, the partially developed parcel on Caughman Road is diverting “massive” amounts of stormwater into the Creekside neighborhood, the lawsuit said, where Meaghan and Aleni Ilimaleota live.
The couple purchased their home in the neighborhood in 2021.
Meaghan, an active-duty member of the United Stated Army stationed at Fort Jackson, received orders to deploy for a multi-year assignment overseas in April 2025, and her family is relocating with her. They had intended to sell their home.
The lawsuit, filed July 31, alleges that before “repeated” flooding caused by Richland 1, the couple would have been able to recoup their investment — and then some. But since the flooding, which the lawsuit says has “no end in sight,” their property value had been “badly diminished” and their yard, shed and fence have been damaged.
It is an “ongoing hardship” for the family, the lawsuit says, and they are seeking compensation and damages.
Until October 2023, the property behind the Ilimaleotas’ home was covered with trees, before Richland 1 clear-cut it to build the $31 million Vince Ford Early Learning Center. Construction on the project was paused in January after Richland County issued a stop work order due to the school district’s lack of permitting. Construction has yet to resume.
Meanwhile, the clear-cutting has resulted in a “massive” diversion or stormwater into the Creekside neighborhood during heavy rain, the lawsuit alleges. The Ilimaleotas had never previously experienced flooding at their property.
The lawsuit claims that the family will “suffer imminent financial harm in just a few short months when they relocate overseas to serve their country.”
“Meaghan is under orders from the Army, she and her family do not have the luxury of waiting and hoping Richland One will fix the mess it has created,” the lawsuit reads.
A district spokesperson declined to comment on the lawsuit.
The Ilimaleotas’ lawsuit is the second complaint filed against the district complaining of flooding damage.
The first was filed on July 8 by Johna Wilkes, another resident of the Creekside neighborhood with a home adjacent to the Vince Ford Early Learning Center site.
Wilkes’ complaint alleges that repeated flooding from stormwater diverted from the early learning center construction site has made her home “unlivable,” and damaged furniture, cabinetry, flooring, walls, a pool and more. According to the lawsuit, Wilkes has lived on her property since 1997 and had never experienced flooding prior the site being cleared of trees.
According to both lawsuits, the district failed to anticipate or plan for stormwater, and failed to design and implement an adequate drainage system to protect neighboring properties.
The district has been heavily criticized for its efforts to build the learning center, which was the focus of an investigation by the South Carolina Inspector General’s Office.
The office found that Richland 1 had broken state law and cost taxpayers money when it began construction without acquiring the proper permits, according to a July 25 report. The district also started the second phase of the project without approval of the school board.
“In doing so, the District exposed itself to wasteful expenditures, contractual liabilities, costs associated with project delays, reputation damage, and insurance issues,” Inspector General Brian Lamkin wrote.
Under state law, school districts must first seek approval from the state superintendent before constructing a public school building. But John Tyler, deputy superintendent and general counsel for the state Department of Education, wrote to the district in December that because the center would be serving infants, it could not be considered a public school building. By then, construction had been underway for months. Despite the education department’s concerns, construction continued until Richland County issued a stop work order Jan. 19.
The report also found that Richland 1 wasted $352,078 on costs associated with building without a permit, according to the report. The district told The State in May that the project the project had already cost Richland 1 $813,000 for site inspections, stabilization and security since putting construction on hold.
The Inspector General also pointed to issues with unauthorized or illegal procurement.
The investigation lasted more than six months after state superintendent Ellen Weaver requested the review of the district, raising alarms about potential “malfeasance” with the early learning center project. She noted that Richland 1 had already been placed on fiscal watch since 2022 by the state Education Department because of problems with its procurement card system.
Jason Raven, spokesman for the state Department of Education, said the Inspector General’s report “validated the department’s concerns over state law violations and wasteful spending.”
“The Department knew the construction of the Vince Ford Early Learning Center should never have begun without the appropriate permit. The SIG report clearly identifies further illegal activity related to procurement,” Raven said in a statement. “… staff will review all the findings to determine appropriate action to pursue. The Department is deeply concerned…”
___
© 2024 The State
Distributed by Tribune Content Agency, LLC