Some Hilton Head Island property owners say they are living a nightmare as the sound of grinding trees at ArborNature continues with no immediate relief likely.
Master in Equity Marvin H. Dukes III decided Tuesday against granting a temporary stop to the grinding. A full lawsuit asking for the grinding to permanently halt continues through the court system.
The Indigo Run Community Owners Association, along with Rick Fisher, a commercial landlord, argue grinding from the Leg O’Mutton Road property is a nuisance.
“We just want the grinding to stop,” Fisher said. “We have to continue with this lawsuit and, hopefully, when the full trial takes place, the lawsuit will prevail, and it will be stopped.”
ArborNature has been operating as a landscaping business at the site for more than a decade. Hilton Head Town officials determined in May that use on the property had changed from landscaping to chipping and was in violation of the town’s Land Management Ordinance.
We just want the grinding to stop.
Rick Fisher, commercial landlord
Town law allows the business to continue operating as it awaits an appeal hearing.
A recent motion filed on behalf of ArborNature asks for the appeal hearing to be suspended indefinitely until the lawsuit is settled. The Town’s Board of Zoning Appeals will review the motion Aug. 22. A three-month delay for the hearing was already granted by the town in June.
“This is a judicial economy argument,” Chet Williams, Arbor Nature’s attorney said. “Why waste the Board of Zoning Appeals and town staff’s time when the court lawsuit that was filed may resolve all the issues.”