A lawsuit challenging the denial of a 1,340-home development is moving to Brunswick County Superior Court after mediation ended without settlement.
Developer HIC Land LLC and engineer CLD Engineering PLLC are suing Brunswick County over denial of the proposed Green Hill Planned Development. While the developers argue county staff determined the project
met all standards, the county is defending an appointed board's rejection.During county planning board meetings earlier this year, Winnabow residents raised concerns about traffic, flooding, emergency services and the pace of growth in the Green Hill Road area. The board delayed a vote in March after hearing Winnabow Volunteer Fire Department Chief Travis Mercer explain a proposed roadway configuration
could negatively impact emergency response times.
The planning board ultimately voted to deny the application. This was before state statute required Brunswick County commissioners to make final decisions on proposed developments.
Developers argue county planning staff determined the project met or exceeded applicable standards in the county's unified development ordinance and recommended approval. According to the lawsuit, planning board members denied the application without identifying ordinance deficiencies that would justify denying the project.
The developers are asking the court to reverse the decision and grant judicial relief related to the application, describing the denial as "arbitrary and unsupported by competent evidence," in the complaint.
A judge granted the developers' petition for a writ of certiorari, allowing superior court review of the board's decision. The court also ordered the county to compile and certify the administrative record from the proceedings, including audio and video recordings.
Attorney Gary Shipman said the plaintiff is disappointed in county officials for not reaching an agreement, noting they spent almost a complete day in mediation before leaving with a "mutually unacceptable" solution.
Shipman told the StarNews the plaintiff wants to "move on." He believes it was a "political decision" to not come to a resolution.
Brunswick submitted a response in August disputing many of the developers' allegations. The county acknowledged staff's recommended approval of the project but argued the recommendations are advisory rather than binding.
Planning board members had authority to reach their own conclusion and deny the application, even if staff believed it met ordinance standards, according to the county's filing.
The county also disputes the developers' argument that the matter should be treated as a quasi-judicial proceeding. Instead, county attorneys argue in court documents that review of planned developments is an administrative process, a distinction that could affect how a judge evaluates the board's decision.
The county's response also addresses concerns raised during the review process. According to the filing, statements from Mercer regarding emergency access and fire-safety risks contributed to concerns about the proposal.
Those public-safety concerns played a prominent role during board discussions. Before the denial, Mercer and residents voiced concerns about emergency response, while nearby property owners also raised questions about traffic and flooding.
Efforts to resolve the dispute outside court were unsuccessful. Court documents show the parties participated in mediation July 27, 2026, but the mediator reported an impasse, no settlement was reached. Following the failed mediation, the developers requested a hearing on their petition for judicial review and declaratory judgment.
The case now centers on competing interpretations of the planning board's prior authority. The developers argue the board improperly denied an application that planning staff concluded complied with county standards. The county argues the board retained authority to make its own determination and deny the project.
A superior court judge is expected to hear those arguments when the case comes before the court in November.
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Savanna Tenenoff covers Brunswick County for the StarNews. Reach her at stenenoff@usatodayco.com.
This article originally appeared on Wilmington StarNews: Developer v. Brunswick lawsuit heads to court after mediation fails
