Family of Clemson University’s president suing the city of Clemson. Here’s why

An almost 4-acre piece of land across the street from a public park and Lake Hartwell owned by in-laws of Clemson University President James Clements is now the subject of a civil lawsuit brought by the developers against the city of Clemson.

The property owners have tried for almost nine years to develop first a hotel then student housing on the site, but has been stymied by the city to the extent that five developers backed out. The deal ranged from $4.8 million to $6.5 million, the lawsuit alleges.

Alex Brooks, Clemson spokesman, said in an email Clements and Clemson have no involvement or investment in the project.

The timeline for the dispute goes back nine years to when Keowee Trail bought the land and wanted to build a boutique hotel, the lawsuit says.

They needed a height variance from the city. The city said no.

The next year, investors Clifton Smith, Clements’ father-in-law, and Greg Smith, Clements’ brother-in-law, agreed to sell the land to Peak Campus Development for $6.5 million.

Peak backed out after meetings with city officials.

The investors then signed with CA Ventures in December 2016 to build student housing but backed out after the city imposed limitations.

Then in 2017, the investors agreed to sell the property to Park7 Development for $5.4 million.

“Park7 submitted PD plans to the City. The City informed Keowee Trail and Park7 that, due to the City’s insufficient sewer capacity, owners and developers of prospective property developments were required pre-pay to reserve their sewer capacity.”

The partnership paid a $90,000 non-refundable sewer deposit.

“Ultimately, however, both that deposit and Keowee Trail’s efforts to work with the City were a waste. Like the developers before it, Park7 eventually determined that the material disruptions resulting from the City’s delays, obstacles, and arbitrary requirements were too great, and Park7 abandoned the deal with Keowee Trail,” the lawsuit says.

Next came Vision Acquisitions in 2018, which would have paid $4.8 million.

“Despite the numerous meetings and extensive work Keowee Trail and Vision had done, the city refused to review the PD plans, relying on a deed restriction limiting commercial development, even though the areas surrounding and adjacent to the property consist of commercial use properties,” the lawsuit says.

Keowee Trail won a court battle on a deed restriction the city raised and then the city imposed a building moratorium on large-scale developments.

Vision dropped out.

American Campus Communities Operating Partnership LP agreed to buy the land for $5.25 million for student housing, retail space, restaurants, and a tech startup incubator.

“The City’s moratorium on the issuance of building permits for large-scale, multifamily residential developments has been effective for nearly eighteen months, and there is no end in sight,” the lawsuit says.

In its answer to the lawsuit, the city has denied imposing arbitrary delays on the project.

A new developer Core Spaces has stepped in, proposing a seven-story building with green space, office space, restaurants and retail space. Local developer Tom Winkopp is a partner in the plan.

A group known as Save Clemson is opposing the development, saying it is too big, lacks enough parking and will spill runoff into the lake.

The lawsuit is on hold until the city decides whether to change the zoning on the property to planned development, which would allow multi-family development. The council is expected to take up the zoning change in April.