Richland 1 cleared land for Vince Ford Center. Now nearby home is ‘unlivable,’ suit says

Stormwater from a controversial, stalled school construction project in Lower Richland has routinely flooded a nearby neighborhood, severely damaging the inside of at least one home and making it “unlivable,” according to a lawsuit.

The 12-acre swath of land on Caughman Road in Lower Richland had once been forested, but the property was clear-cut to build the Vince Ford Early Learning Center, an expansive $31 million facility that was initially intended to serve infants and young children.

The land, now only partially developed after Richland One was ordered to stop work more than five months ago, diverts “massive” amounts of stormwater into the Creekside neighborhood in Lower Richland, according to the lawsuit filed Monday by attorney Chris Kenney.

Repeated flooding into resident Johna Wilkes’ yard and home has damaged furniture, cabinetry, flooring, walls, a pool and more. The home, which the lawsuit calls Wilkes’ “single most valuable asset,” is now “unlivable.” According to the lawsuit, her home will suffer every time there is substantial rain.

Wilkes has lived in the home since 1997, the lawsuit said, which is adjacent to the district’s property and separated by a small easement.

Richland 1 broke the law by beginning construction and spending public money on the center before procuring the necessary permits and legal authority, the lawsuit said. When the school district was forced to put the project on hold, it caused the land to “lay fallow.”

During the first week on March 2024, the Creekside neighborhood experienced its first “major” flooding event after seasonal rains, the lawsuit claims. Many homes flooded, included Wilkes’. Her home again flooded twice in June 2024, which caused even more damage. Wilkes had to periodically miss work to attend to the clean-up and repair of her home.

The school district failed to build and maintain a stormwater drainage system for the Vince Ford Early Learning Center site to avoid routinely flooding neighboring properties with “excessive” water, which the lawsuit called “negligent.”

According to the lawsuit, Wilkes had never experienced any flooding in the previous 27 years she had lived in her home. She is seeking compensation and damages, and an injunction to compel the district to fix the problem.

A Richland 1 spokesperson declined to comment on the lawsuit.

The district has been heavily criticized for its efforts to build the learning center.

At state education Superintendent Ellen Weaver’s request, Richland 1 has been under investigation by the South Carolina Inspector General since Jan. 22 after she raised alarms about the district’s construction project. The district had already been placed on fiscal watch because of its procurement card policy and employee usage.

“The referral of a matter to your office for investigation is a high bar to cross and one that requires credible evidence of potential malfeasance,” Weaver wrote to Inspector General Brian Lamkin. “I believe this situation rises to that threshold.”

Under state law, school districts must first seek approval from the state superintendent before constructing a public school building. But John Tyler, deputy superintendent and general counsel for the state Department of Education, wrote to the district in December that because the center would be serving infants, it could not be considered a public school building.

By then, construction had been underway for four months. Despite the education department’s concerns, construction continued until Richland County issued a stop work order Jan. 19.

The Richland 1 school board attempted to pivot, voting to modify the center’s scope on Jan. 23. In the new plan, the building would operate as another elementary school, serving students in kindergarten through second grade.

Superintendent Craig Witherspoon requested another permit for the project from the education department. But Tyler told the district it would have to wait until the Inspector General’s investigation was over. The district is still waiting.

The project has cost Richland 1 at least $813,000 for site inspections, stabilization and security.