Old Lawsuit gets New Life

An Oconee County civil lawsuit five years in the pre-trial stage got a form of rejuvenation this week when a judge gave all parties 90 days to come to agreement on when the case will reach the courtroom. Circuit Judge Lawton McIntosh will allow a new attorney to become familiar with all that is involved in the case titled McMahan versus Crescent Resources. A case accuses Duke Energy’s land management company of fraud and misrepresentation. Members of the family of the late Wallace McMahan allege that a promise was made to allow Wallace McMahan to buy back any of the 77.5 acres that he sold to the utility company’s land management company, should any of that property not be used for the Keowee-Toxaway power project. According to one lawyer involved, the delay to resolve the case is traced to a number of reasons, including the death of the lead plaintiff and the bankruptcy filing by Crescent and Crescent’s subsequent emergence out of bankruptcy. It has been further delayed by the death of the plaintiff’s side attorney and the substitution of attorneys in his place.