Chapin asks court to toss Brighton lawsuit

Chapin town officials say they have not violated a contract with the Lexington County government and are asking the court to throw out the county’s $20 million lawsuit.

The current Chapin Town Council asserts it’s not bound to an agreement that a previous council signed with the county government in 2015 requiring it to sell hundreds of sewer taps to a real estate development just outside Chapin.

Even if the contract stands, according to the town’s Sept. 24 response to the lawsuit, providing 667 sewer taps to the Brighton development project would violate state and federal laws since the number is beyond Chapin’s existing wastewater treatment capacity.

Lexington County officials declined to comment on Chapin’s motion to dismiss the lawsuit since litigation is ongoing, said county spokeswoman Ashley Hunter.

Chapin councilwoman Ainslee Bost, the mayor pro tem, told The Chronicle she hopes the town and the county can reach a resolution that would prevent the case from going to a costly trial.

“There is money in reserves, but of course, we don't want to have to go there if we don't need to,” Bost said in an interview. “There's no guarantee that we're going to get a settlement, however, there are other options there.”

Mayor Bill Mitchell could not immediately be reached for comment on Monday, Sept. 28.

In its complaint filed last month, the county said former Chapin Mayor Stan Shealy confirmed in writing in 2013 that the town would “unconditionally accept” treating about 275,000 gallons of sewage per day from the planned real estate development. 

This wastewater volume translates to roughly 667 sewer taps, the county said, citing its 2015 sewer agreement with then-Chapin mayor Skip Wilson.  

The county said it has spent more than $16 million to purchase some 200 acres of land, which it turned into the Chapin Business & Technology Park at Brighton, and to build infrastructure such as roads and sewer lines.

On Aug. 11, the Lexington County Council approved selling the park to an investment firm, Brighton Capital Partners, for $20.4 million. The firm plans to turn the park into a mixed-use development, including retail shops, restaurants and 600 homes, but the county said the sale is in limbo because of the lack of sewer taps.

Mitchell, who spoke about controlling Chapin’s rapid development when he ran for mayor in 2025, has reiterated that the town’s sewage plant is operating at near-capacity. 

A day after the county government approved the technology park sale, he said on a video livestream that the town’s sewage plant was discharging wastewater at 97% of its permitted capacity. 

The plant had only 170 sewer taps left, he said, and capacity would be limited for the next five to 10 years.      

According to the county’s written complaint, the parties’ 2015 agreement states that if Chapin did not have enough taps to fulfill the contract, it shall increase capacity within 24 months from the time the county pays the sewer tap fees. The county said it tried to pay the fees in April, but Mitchell refused to accept the money.

Lexington County is asking the court to compel Chapin to provide sewer taps for the Brighton project or order it to pay the county $20.4 million.

The lawsuit comes as the five-member town council is in the midst of a power struggle between Mitchell and the four councilmen and -women. 

In July, the council members unanimously declared they’d lost confidence in Mitchell’s leadership and told him to consider resigning. Since then, they’ve rolled out multiple ordinances aimed at curbing what they describe as Mitchell’s penchant for unilateral decision-making.

A few weeks ago, the council voted to hire Ryan Hicks as the town attorney, with Mitchell as the lone opposing vote. 

Afterward, Hicks made the written motion to have the county’s lawsuit thrown out. 

Tiffany Tan has been a journalist in the U.S. and abroad for more than 20 years. Contact her on Facebook at Reporter Tiffany Tanor 839-223-4652 on mobile/Signal/WhatsApp.