McMaster Opinion Could Sink Sembler Deal

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By FITSNews || An opinion issued by S.C. Attorney General Henry McMaster’s office last August is threatening to derail a controversial “Mega mall” incentive package that’s being sought by a powerful, politically connected developer.

Mel Sembler, a two-time U.S. Ambassador, is seeking the massive $132 million incentive deal as part of his company’s plans to build a  280-acre “Mega Mall on the Okatie” in Beaufort County.  Supporters of the project claim it would be a one-of-a-kind, high-end retail development, while opponents say it would cannibalize existing jobs and businesses – at a huge cost to the taxpayers.

Sembler’s company is seeking the money as an “extraordinary retail tax credit,” although the bar for private companies to receive public funds for infrastructure purposes under this tax provision has been set very high by McMaster’s opinion.

Written in response to a technical question posed by the S.C. Department of Parks, Recreation and Tourism, McMaster’s opinion states that the constitutionality of such a tax designation “hinges upon whether the infrastructure improvements described serve a public purpose.”

More specifically, in a section of the opinion that’s particularly applicable to the Sembler case, McMaster’s office found that “extraordinary retail tax credits” were not to be offered for the purposes of permitting “a select few retail establishments to obtain an advantage allowing them to compete in free enterprise with other businesses that are not allow(ed) such an advantage.”

A Senate subcommittee is taking up the Sembler incentive package this week.

Gov. Mark Sanford has threatened to veto the deal, which he has called “corporate welfare.”

Stay tuned …

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McMaster Ruling

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Comments

  1. By Gov'tAcctBalance= -12.5 Trillion (andcounting) February 2, 2010 at 8:35 am

    This deal is absurd and we will end up taking it again for the situation.

    Reply

  2. By sclawboy February 2, 2010 at 8:47 am

    So Henry Mac actually did something useful? I think that is the real story here.

    Reply

  3. By gawd save us from henry February 2, 2010 at 9:25 am

    You need to get a new photo with his current hair color. This one makes him look so……”old?”

    Gawd save us from Henry. If you enjoy being the laughing-stock of the nation, elect Henry. More ass backwards “leadership,” than one state truly deserves….

    Gawd save us, y’all……

    Reply

  4. By Columbia Insider February 2, 2010 at 10:14 am

    Since when have constitutional limitations curbed legislators from granting favors to paying customers? This AG opinion will do nothing to slow down the Sembler train. Ryberg, Davis and the others will all get squashed.

    Reply

  5. By Darth February 2, 2010 at 10:50 am

    “…Gov. Mark Sanford has threatened to veto the deal, which he has called “corporate welfare.” ”

    Would it interfere with traffic near the “Gentleman’s plantation, er farm” round Bluffton?

    Reply

  6. By utah February 2, 2010 at 1:56 pm

    AG’s opinions have no precedential value, so that alone won’t derail anything.

    Reply

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