Here’s what the latest court decision on the Heritage Tower near Fort Mill means.
York County officials say a South Carolina Supreme Court decision last month in a case involving the MorningStar Tower is a win for taxpayers, while the church leaders say it’s just a small part of a story with plenty left to tell.
One of several legal cases involving the Heritage Tower near Fort Mill, and one with potential to cost the county $18 million, won’t continue.
“We are pleased with the decision of the South Carolina Supreme Court, which removes millions of tax-payer dollars from potential risk of loss through litigation,” said David Hudspeth, interim county manager. “We hope this decision goes a long way in moving the parties towards some form of resolution in the dispute surrounding Heritage Tower.”
MorningStar Fellowship Church disagrees that the recent decision changes much. Church officials argue in the bigger picture the ruling is insignificant since it doesn’t end litigation between the parties on whether MorningStar can complete its tower.
“We will continue to battle until our vision and our call for the completion of the Heritage Tower comes to fruition, and until we see it used as an instrument to God’s glory and as a measure of worship,” said MorningStar leader Rick Joyner. “We reach out to the county again and ask for its cooperation in allowing religious liberty to go forward in Fort Mill.”
MorningStar and York County have been involved in legal disputes since 2013 regarding the 21-story, unfinished tower on its property in the Fort Mill area. The Heritage Tower began construction as part of Jim Bakker’s Praise the Lord ministry at Heritage USA, near what is now Regent Park. MorningStar bought the property in 2004.
MorningStar contends the county won’t let it pull building permits to complete the tower. York County contends the property is a nuisance and didn’t meet financing requirements from a 2008 development agreement.
MorningStar has a federal case against the county claiming religious discrimination and a state suit claiming rights were violated under the South Carolina Freedom of Information Act.
The S.C. supreme court heard arguments in late October on a separate case, after agreeing in March to hear a MorningStar appeal of a 2016 decision. MorningStar claimed the county’s breach of the development agreement cost the church more than $18 million in damages. Circuit Judge Daniel Hall dismissed MorningStar’s claims in 2016. An appeal court affirmed that ruling last year.
On Nov. 20, the state supreme court dismissed its own decision from March, called a writ of certiorari, allowing the appeal. The court noted the writ was “improvidently granted.” That decision leaves the 2016 dismissal as law.
Resolution in that case means the county now can focus on the remaining federal and state litigation.
“York County will continue to defend itself and its citizens’ assets in the three lawsuits that Morningstar Fellowship Church has chosen to pursue,” Hudspeth said.
In a statement Wednesday, MorningStar noted a recent county circuit court ruled against York County’s motion to dismiss a state suit under the Freedom of Information Act. MorningStar claims that decision as a win for their case.
“We have split decisions on very different issues, all of which leaves litigation currently alive,” reads the statement.
MorningStar points to FOIA requests earlier this year showing York County had spent more than $350,000 in litigation against the church.
MorningStar wants to finish the tower and use it for senior housing. Late last year the church outlined intentions to have 200 senior housing units and 500 hotel rooms if the tower can be completed. For the church, damages aren’t the main issue.
“MorningStar’s principal objective is to complete its tower,” read Wednesday’s statement.
