Mediation Fails, TIF Lawsuit Moves Forward

The joint lawsuit filed by Pickens County and the school district against the City of Clemson is moving forward after mediation failed. 

School Board Chairman Alex Saitta told the audience at Monday's board meeting that mediation between the three parties had not resolved the issue. 

County officials first threatened a legal action against Clemson earlier this year, contending that Clemson has exceeded the bounds of the original TIF contract, which funds improvements to the city. 

Later School board members voted unanimously to join that legal action.

The parties are arguing over an estimated $10 million in collected property appreciation. County and school district officials say that surplus should be returned to the county and district, as that amount is over and above the original TIF funding plan agreed to, while Clemson officials say the city has done nothing wrong and that they plan to use the full amount to fund further improvements to the Clemson TIF district. 

Clemson officials rejected an earlier offer by county and school district officials to split the $10 million. 

Following Saitta's remarks, Superintendent Dr. Kelly Pew read a statement from the school district regarding the lawsuit. 

"The county, School District of Pickens County and the city participated in a mediation session on Monday, September 24, 2012," Pew said. "Judge Thomas Cooper served as a mediator. The parties were unable to resolve the dispute. As a result, the lawsuit will continue. 

"Any and all discussions during the mediation sessions are confidential under applicable S.C. Supreme Court rules," Pew continued. "As a result, the parties will have no public comment on the mediation beyond this joint press statement."