Judge Michael S. Holt has issued a temporary restraining order ordering that Robbie Coward shall not be sworn as Mayor of the Town of Latta until the matter can be heard nor shall he take any actions as Mayor nor instruct the Town Clerk or any town employees on their job duties. The restraining order expires 10 days from today’s date of December 30th, and a hearing will be held within a 10-day time frame to address the restraining order and whether it should be extended during the pendency of the case. The judge’s order is dated at 11:15 a.m. on December 30th.
A motion was filed by Janet Paschal, attorney for the Town of Latta, on December 30th on behalf of the Latta Election Commission and Town of Latta.
Robbie Coward won the Latta Mayor’s race on December 7th. The election was protested by the other candidate, Teresa Mason. At the protest hearing on December 11th, the Latta Municipal Election Commission overturned the mayor’s election stating that they believed he did not meet the residency requirements in the S.C. Code of Laws making him ineligible to serve as mayor.
Coward filed an appeal and a motion for reconsideration. Paschal’s motion states that S.C. Code of Laws 5-15-140 filing notice of appeal “shall act as a stay of further proceedings pending the appeal.”
The motion further states that despite the law, “Mr. Coward has openly made known to members of the Town of Latta Municipal Council and others that he intends to be sworn in on January 1, 2022, and Mr. Coward intends to take his seat as acting Mayor at all upcoming town council meetings beginning with the January meeting. Mr. Coward has gone so far to call the Town Clerk to order him a name plate as it is his intention to take his office and sit at all council meetings as mayor.”
The motion says that Paschal emailed Coward’s attorneys prior to filing the motion asking for his assurance that Coward did not intend to take the above action, but no response was received. Due to the fact that it is December 30th and a possible swearing in could take place January 1st or 2nd, the Commission and Town asked for an ex parte temporary restraining order restraining Coward from being sworn in as mayor and also restraining Coward from instructing the town clerk, or any other town employee, to take actions inconsistent with the decision of the Municipal Election Commission until this matter can be resolved through the appeal filed by Coward as well as a temporary injunction for the same, after a proper hearing.
The motion that was filed and the judge’s order appear below.
MOTION BY THE
TOWN ATTORNEY
STATE OF SOUTH
CAROLINA
COUNTY DILLON
IN THE COURT OF
COMMON PLEAS
FOURTH JUDICIAL
CIRCUIT
Case Number 2021-CP-17-00522
In re: Henry L. “Robbie” Coward
Motion for Ex Parte
Temporary Injunction
And Temporary Injunction
TO: Henry L. Coward, and his counsel of record:
Now comes the Town of Latta Municipal Election Commission and Town of Latta, a municipal corporation, by and through their undersigned attorney, and Moves as follows:
WHEREAS, this matter is pending before this Honorable Court pursuant to a Notice of Appeal filed by Henry L. Coward also known as Robbie Coward (hereinafter Mr. Coward) after a hearing was held by the Town of Latta Municipal Election Commission (hereinafter MEC) on December 11, 2021, which resulted in finding by the MEC that Mr. Coward did not satisfy the residency requirements of the South Carolina Constitution and South Carolina Code of Laws and thus Mr. Coward was ineligible to serve as Mayor to the Town of Latta:
WHEREAS, the finding of the MEC was that the election was “invalid” due to Mr. Coward’s non-residency and state law provides a new election for Mayor of Latta should be held (See Attached Exhibit A);
WHEREAS, Mr. Coward was present at the MEC hearing, heard the oral decision of the MEC and was provided a copy of the MEC Order on December 11, 2021, before leaving the hearing location as required by state law;
THEREAFTER, Mr. Coward filed an appeal of the MEC’s decision with the Circuit Court for the Fourth Judicial Circuit (See attached Exhibit B);
WHEREAS, pursuant to SC Code 5-15-140 filing of the Notice of Appeal “shall act as a stay of further proceedings pending the appeal.”;
WHEREAS, despite the law stated above which provides all further proceedings are stayed pending the appeal, Mr. Coward has openly made it known to members of the Town of Latta Municipal Council and others that he intends to be sworn in on January 1, 2022, and Mr. Coward intends to take his seat as acting Mayor at all upcoming town council meetings beginning with the January meeting. Mr. Coward has gone so far to call and instruct the Town Clerk to order him a name plate as it is his intention to take his office and sit at all council meetings as mayor (See Attached Exhibit C) beginning with the January 2022 meeting;
WHEREAS, the undersigned, prior to filing this Motion, emailed counsel for Mr. Coward to ask for his assurance Mr. Coward did not intend to take the above stated actions but no response has been received and thus consultation has served no useful purpose but was attempted in compliance with the rules of court.
WHEREAS, the date today is December 30, 2021, and Mr. Coward is stating he plans to be sworn in on January 1, 2022 or January 2, 2022, (January 1st being the established date that the new council members and Mayor were set to take office); and the MEC and Town of Latta seek an ex parte temporary restraining order restraining Mr. Coward from being sworn in as the Town of Latta Mayor or sitting at council meetings as mayor and also restraining Mr. Coward from instructing the town clerk, or any other town employee, to take actions inconsistent with the decision of the MEC until this matter can be resolved through the appeal filed by Mr. Coward as well as a temporary injunction for the same, after proper hearing;
WHEREAS, there is insufficient time to have a hearing on this issue prior to the appointed time for the Mayor to be sworn in and that the Undersigned on behalf of the Town of Latta and Town of Latta MEC is informed and believes that the Movants are in need of and entitled to an ex Parte Order of the Court restraining Mr. Coward as follows:
A. From being sworn in as the Town of Latta Mayor;
B. From sitting, or attempting to sit as Mayor, at future Town council meetings; and
C. From instructing or attempting to instruct Town employees to order items on his behalf or otherwise use Town funds or resources in any manner.
Movants also move for a temporary injunction providing the same relief during the pendency of this action after proper hearing;
This Motion is made pursuant to the South Carolina Rules of Civil Procedure and specifically Rule 65(b) as Movant is informed and believes that “immediate and irreparable injury, loss or damage will result to the applicant” before a hearing can be held due to the time frames involved and the lack of any other avenue through which to obtain this relief.
I SO MOVE!
Janet Altman Paschal
Attorney for the
Town of Latta
Attorney for MEC
Curry & Paschal Law
Firm, PA
107 S 3rd Avenue
Post Office Drawer 191
Dillon, SC 29536
(843) 774-9075
(843) 774-9072 facsimilie
December 30, 2021
Dillon, South Carolina
EDITOR’S NOTE: This motion was accompanied by several documents such as the order from the Municipal Election Commission, Robbie Coward’s Notice of Appeal, etc. that are not printed here.
STATE OF SOUTH
CAROLINA
COUNTY DILLON
IN THE COURT OF
COMMON PLEAS
FOURTH JUDICIAL
CIRCUIT
Case Number 2021-CP-17-00522
In re: Henry L. “Robbie” Coward
Order for Ex Parte
Temporary Injunction
Having read and considered the Motion filed by Movant, Town of Latta Municipal Election Commission and Town of Latta, a municipal corporation, along with attached exhibits the Court finds as follows:
A. Henry L. Coward (aka Robbie Coward) was elected Mayor of the Town of Latta with his term set to begin on January 1, 2022;
B. A protest was filed to the election as to the Mayor;
C. A protest hearing was held by the Town of Latta Municipal Election Commission on December 11, 2021, and an Order was issued that day wherein the Commission found Henry L. Coward ineligible to serve as Mayor and held the election results were invalid;
D. Henry L. Coward, through counsel, has filed a Notice of Intent to Appeal with this Court as provided by statute;
E. Henry L. Coward has stated he intends to be sworn in as Mayor and take his seat as same despite the ruling of the Commission and his pending appeal.
WHEREAS, the Court finds that there is insufficient time for a hearing to be held prior to the January 1st or 2nd date and the Town of Latta and its residents would suffer injury and irreparable harm if an ineligible Mayor was allowed to take his seat and act on behalf of the Town.
WHEREFORE, it is the Order of this Court as follows:
A. Henry L. Coward aka Robbie Coward shall not be sworn in as Mayor of the Town of Latta until this matter can be heard nor shall he take any actions as Mayor nor instruct the Town Clerk or any Town employee on their job duties;
B. This ex parte restraining order shall expire 10 days from it’s issuance but a hearing shall be held within the 10 day time frame to address the restraining order and whether it should be extended during the pendency of the case and the parties are authorized to hold the hearing in any county within the Fourth Circuit where court is being held and counsel shall coordinate this hearing within said 10 day time frame. Pursuant to Rule 65 of the SC Rules of Civil Procedure the Motion for a temporary injunction shall be set “at the earliest possible time and takes precedence of all matters except older matters of the ame character…”
IT IS SO ORDERED this 30th day of December, 2021 at 11:15 o’clock a.m.
Michael S. Holt
Judge of the Circuit Court of
The Fourth Judicial Circuit
In Chambers
