Council Responds to Preston Appeal of Verdict
Anderson County has responded to the petition for a rehearing with the Court of Appeals filed by former Anderson County Administrator Joey Preston, who is challenging the rulings in the case.
In June, Anderson County Council moved ahead with the fiscal year 2017-2018 budget Tuesday night, and to pursue all legal options pursuant to last week’s South Carolina Court of Appeals ruling that former Anderson County Administrator Joey Preston must return the $1.1 million severance he received when he resigned in 2008.
The county's challenge states:
"The Severance Agreement awarded to Preston was an unjustifiable abuse of power. In essence, it amounted to a collusive political exit strategy, not a reasoned piece of legislation for the public good. The Court of Appeals' decisicion voiding that Agreement was sound., and should be upheld as far as it went. However, Anderson County is entitled to have an equitable remedy fashioned in this case, including placing a contructive trust . on the Retirement System payments flowing to Preston fro the void Agreement.
For the reasons and the extent set forth in this petition, the Supreme Court should grant certiorari to give Anderson County a just and equitable remedy."
Preston's appeal maintained that the Court of Appeals erred when it invalidated Preston's severance agreement, asking tthat the court grant certiorari to "correct the lower court's errors."
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