Oldest pending lawsuit appears settled

June 3, 2014

Oconee County’s oldest civil lawsuit appears to have been settled, or at least is approaching a resolution, according to indications received today by 96.3/WGOG NEWS. It’s the case of members of the McMahan family who first went to court against Crescent Resources and others in 2007—alleging fraud and misrepresentation. Charleston attorney Thomas Wills has filed notice of an arbitration report, and the case file contains a check mark to the category “fully settled.” However, a court officer says, at least at this point, there’s a motion hearing June 23 in Walhalla. At the heart of the lawsuit is a dispute centering on 77.5 acres sold by the McMahan family to what then was Crescent Land and Timber Company, a subsidiary of the then Duke Power Company. The sale was part of a large property buy to allow for Duke’s Keowee-Toxaway project. Wallace McMahan, who has since died, contended that he had been promised a chance to re-purchase any part of the property not covered by water to create the power project. The march of time has been an impediment toward the case being heard. Death has claimed one of the plaintiffs, one of the lawyers and some of the individuals whose testimony could have been helpful.

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