Orangeburg County has agreed to settle a dispute over a Neeses woman’s ponds, according to a motion filed last week.

“This case has been finalized with a negotiated settlement,” S.C. Budget and Control Board spokesman Mike Sponhour said in an e-mailed statement.

“The (state Insurance Reserve Fund) is paying $127,500 for the negligence portion and the county is paying $10,000 in actual damages,” Sponhour said.

The stipulation of dismissal motion, filed with the Orangeburg County Clerk of Court’s Office Sept. 24, claimed the terms of the settlement are confidential.

On May 29, an Orangeburg County jury awarded property owner Janice Hiott $10,000 for actual damages on her breach of contract claim against the county. It also awarded her $210,000 on a separate negligence claim after it determined that Orangeburg County’s actions were responsible for causing damage to her property.

Hiott claimed the county allowed runoff from a dirt road to damage her ponds. She said the county did not fully address the issue after a decade of complaints, although it did take some steps to solve the problem.

The county said Hiott waited too long to sue. It further claimed it never breached a contract with her because no agreement was reached on what the county should repair.

The judge was asked to review the verdict. Bamberg attorney Dan Luginbill, one of the attorneys who represented Hiott, said the settlement was reached prior to an Aug. 18 hearing before Circuit Court Judge James Williams.

“The county had indicated it would appeal if it were unsuccessful in that post-trial motion,” Luginbill said Aug. 19. “In order to avoid an appeal, the parties agreed to a settlement that covers all the outstanding issues in the case.”

He said, “We hope the county will maintain the road so there are no further problems.”

Hiott declined to comment on the settlement, only saying that she was pleased with the work of Luginbill and attorney Chris Wilson on the case.

Orangeburg County Administrator Bill Clark referred comments to attorney Pete Kulmala of Barnwell. Kulmala did not return messages.

T&D Staff Writer Phil Sarata can be reached by e-mail at psarata@timesanddemocrat.com or by phone at 803-533-5540.

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