MorningStar Fellowship Church and York County have just filed an official settlement to resolve a lengthy dispute regarding the unfinished 21-story Heritage Tower in Fort Mill. This settlement was signed (Oct 9th) just 2 days after York County hired 2 new attorneys (Oct 7th) to help with the onslaught of legal filings over the unlawful permits the county issued for the Silfab Solar factory in Fort Mill.
The new agreement mandates MorningStar apply for a building permit within 18 months, proving the tower can meet current building codes. If they fail to secure it, the church must demolish the tower within nine months.
The county will step in and demolish it at MorningStar’s expense if they fail to comply. The tower was part of Jim Bakker’s Heritage USA, a Christian theme park, which faced bankruptcy in the late 1980s.
Timeline of Events:
- 1978-1989: Heritage USA, a Christian theme park by Jim Bakker, operates as the third-largest in the country.
- 1989: Heritage USA closes amid Bakker’s scandal and Chapter 11 bankruptcy.
- 2004: MorningStar buys part of the Heritage USA site, including the tower.
- 2012: MorningStar sues York County over tower repair disagreements.
- 2018: MorningStar files a new lawsuit alleging religious discrimination.
- 2020: Parties reach a mutual agreement to dismiss legal disputes.
- 2021: MorningStar announces plans to renovate the tower; York County files a new lawsuit.
- 2024: MorningStar and York County settle and dismiss all pending suits.
Here is the new settlement agreement signed by Rick Joyner (president of Morningstar) and Allison Love (York County Council co-chair) – you can click here to read the original settlement document filed with the court:
SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS
This Settlement Agreement and Mutual Release of All Claims (“Agreement”) is made and entered into on October 10, 2024 (the “Effective Date”), by and amongst York County, South Carolina (“County”) and MorningStar Fellowship Church (“MorningStar”) to resolve by compromise settlement all claims, liabilities, and disputes of any kind among them. County and MorningStar are sometimes referred to herein as the “Parties.”
RECITALS
In 2013, MorningStar filed suit against the County in the Court of Common Pleas for York County, SC (the “State Court Suit”), for various claims related to the Heritage Tower (the “Tower”), a 20-story building located on MorningStar’s property at 375 Starlight Drive, Fort Mill, South Carolina, in York County (the “Property”). The State Court Suit was based on the Development Agreement between MorningStar and County, dated January 13, 2008, and bears Civil Action No. 2013CP4600246. The County denied MorningStar’s allegations and filed counterclaims in the State Court Suit, which MorningStar denied. After several years of litigation, the State Court Suit was dismissed pursuant to SCRCP 40(j) and reinstated with a new Civil Action No. of 2022CP4600161.
On November 4, 2022, MorningStar filed suit in the United States District Court for the District of South Carolina against various officials of York County for claims related to religious discrimination (the “Federal Court Suit”). Defendants denied MorningStar’s claims. The Federal Court Suit bears Case No. 0:22-CV-03855-SAL.
The Parties now desire to enter into this Agreement to avoid further expense, inconvenience, and disruption related to the State Court Suit, the Federal Court Suit, and other disputes related to the Tower and alleged County conduct (the “Disputes”). They hereby settle the Disputes in accordance with the material terms set forth below.
TERMS
- Recitals
The above-referenced recitals are true, correct, and binding in nature. - No Admission of Liability
Neither this Agreement nor anything contained herein shall be construed as an admission or concession of liability or wrongdoing by any Party. - Agreement
In exchange for the complete resolution of the Disputes, the Parties agree to the following:
a. Within 14 days of the Effective Date:- The Parties will file a stipulation of dismissal of all claims in the State Court Suit.
- MorningStar will dismiss the Federal Court Suit.
- MorningStar will withdraw all pending FOIA requests to the County related to the Tower.
b. Within 18 months from the Effective Date, MorningStar will submit a building permit application for the Tower.
c. If MorningStar has not applied for a building permit by the deadline, it will demolish the Tower within 9 months following the deadline. If a building permit expires without renewal, MorningStar will also demolish the Tower within 9 months.
d. If MorningStar fails to demolish the Tower as required, the County will proceed with demolition and hold MorningStar liable for the costs.
e. A joint press release will be issued within 30 days after the Effective Date, announcing the settlement.
- Agreement and Building Code Compliance
The Parties select ICC NTA, LLC as their third-party independent architecture/engineering firm to oversee building code compliance. - Complete Mutual and Final Release
Except for promises and agreements herein, the Parties fully release each other from any claims related to the Tower, the Development Agreement, and the Disputes. - Waiver
A waiver by any party of a breach of the Agreement shall not be construed as a waiver of subsequent breaches. - Time is of the Essence
Time is of the essence for all obligations under this Agreement. - Modification
No modification shall be valid unless in writing and signed by all Parties. - No Other Agreements
This Agreement contains the entire agreement among the Parties and supersedes all prior communications. - Binding and Enforceable Nature
This Agreement shall be binding upon the Parties and enforceable pursuant to Rule 43(k) of the S.C. Rules of Civil Procedure. - Entire Agreement
This Agreement constitutes the entire understanding between the Parties concerning its subject matter. - No Representations
No representations about the claims or damages have induced either party to enter into this Agreement. - Consent and Authority
Each Party acknowledges their understanding and voluntarily executes this Agreement. - Counterparts
This Agreement may be executed in counterparts, with each deemed to be an original. - Choice of Law; Arbitration
This Agreement shall be governed by South Carolina law. Any dispute will be subject to binding arbitration. - Severability
If any provision is held unenforceable, the remaining provisions shall remain valid. - Attorneys’ Fees and Costs
The prevailing Party in any action related to this Agreement shall be entitled to recover attorneys’ fees and costs.
