By Scott Graber
The Island News
For more than a year, litigation has been ongoing between 303 Associates and George Trask, Graham Trask, the Beautiful Beaufort Alliance and the Trask’s related businesses. Finally, there may be some movement.
During the past year, we have seen 303’s complaint; the Trasks’ answers to the complaint; but not much more. Readers may remember the 303 complaint was filed in July of last year, and that George and Graham Trask filed their responses in November, 2023.
The 303 complaint is lengthy, alleging conspiracy, abuse of process and tortious interference with a prospective contract among other items. The Plaintiff asks for a jury trial and for damages, both actual and punitive.
The complaint itself contains excerpts from numerous e-mails that flowed between certain parties and e-mails to or from the Historic Beaufort Foundation. In addition to the e-mails, the Plaintiff included (in its complaint) renderings of the proposed hotel that the Plaintiff says are distortions of that proposed hotel. (Now, apparently, that hotel will not be built.)
Defendants deny all the allegations contained in the complaint and, of course, the burden of proving these allegations is entirely on the Plaintiff, 303 Associates.
On July 1, 2024, 303 Associates filed a Motion to Compel against George Trask, Graham Trask, the Beautiful Beaufort Alliance and two other companies.
In its motion, 303’s lawyer alleges that Defendant George Trask did not respond to any of 303’s discovery requests. The attorney further alleges that Defendant Graham Trask did respond, however, the 303 lawyer says his response is incomplete.
Defendant Graham Trask’s lawyer argues that many of these requests are “overly broad,” “unduly burdensome,” or call for “mental work product” — items that are protected from disclosure in discovery.
The motion further alleges that 303 Associates had sent a “list of proposed discovery terms” that would give 303 access to “electronically stored information” in the Defendant’s respective e-mail accounts and text messages. The motion also says the attorneys for Defendants Trask have not responded (to these proposed terms), and consequently, 303 could not start its search.
Among the proposed “search terms” were the names or the e-mail addresses of the City of Beaufort, the National Park Service, the South Carolina Department of Archeology, the South Carolina Historic Preservation Office, Senator Lindsay Graham, Senator Tim Scott, the Historic Beaufort Foundation and Lolita Huckaby — a fellow columnist for The Island News.
The request for agreement on proposed “search terms” also included “Massing model,” “Large footprint,” “Mock Up,” “Red Menace,” and “Convention Center,” among other terms.
Presumably these terms will be electronically sought-out in “Defendant’s e-mail accounts” and may lead to more e-mails beyond those already secured and incorporated into the complaint. Presumably these e-mails will be used when these lawyers finally get around to the sworn depositions of various parties and witnesses.
The sworn deposition part of any litigation allows the attorneys to question the parties and their witnesses under oath. The purpose here is to discover what the witnesses will say at trial. These days depositions are usually videoed and often last for hours, sometimes days.
In the past, the depositions were sometimes more confrontational than the trial itself. In the course of the deposition there is no judge in attendance, and sometimes tempers flare, and in the past judges were sometimes called on the phone. In more recent times, the South Carolina Bar has put an emphasis on civility; and the depositional fireworks seem to have diminished.
At some point Defendants Trask will make motions for Summary Judgment, hoping that at least some (or all) of the grounds are found to be without merit. This will be preceded by briefs from both sides that will tutor the Court (Judge) on the history of conspiracy, abuse of process and interference in South Carolina and how that legal history, called “precedent,” lines up with the facts that are in play.
This case is worth watching because it will may define what constitutes acceptable, legal, non-actionable criticism of real estate development in South Carolina. It could decide the extent of comment, the level criticism, the boundaries of speech enjoyed by organizations like The Historic Beaufort Foundation and environmental organizations when they fight these kinds of fights.
It is also interesting that 303 Associates and Defendant Graham Trask decided to utilize The Island News to advance their respective arguments. The venue for this action is Beaufort County and the jury will be drawn from people living in Beaufort County; and it is likely that some in the jury pool will have read these full-page editorials.
The jury pool tends to be older and whiter these days as Sun City, Bluffton and Hilton Head have filled-up with older, retired people who relish the opportunity to participate in criminal prosecution and civil litigation disagreements.
Many of these people look forward to jury duty — sometimes thought to be a burden — and do not ask to be excused. At some point (probably next year) the case will go to a jury.
There is some likelihood that the jury verdict will be appealed and an appellate court will eventually write an opinion. This opinion may have widespread impact throughout South Carolina.
Scott Graber is a lawyer, novelist, veteran columnist and longtime resident of Port Royal. He can be reached at cscottgraber@gmail.com.
