As each day passes, the lily pond on Trenholm Road slowly turns into a dried up mud puddle while residents of Arcadia Lakes and the surrounding neighborhoods are wondering what is going to happen to the land that was once known as the gateway to their town. The emerald green lily pads with their creamy white blooms are now replaced by ugly muck and no trespassing signs, and no one knows what’s coming next.

Many residents are worried and some are angry. Some are fighting back with a court case, and some say that once the developer bought the property, it is his to do with what he wants as long as he gets the correct permits and zoning. Some say he lied to achieve that feat and at least one Arcadia Lakes city councilman just wants everyone to get along.

In 2008, Councilman Bob Bishop was against the impending apartment complex and said he went as far as going door to door to leave letters telling residents about the upcoming project. Then he wrote a scathing editorial asking the Richland County government to intervene to stop the building.

“Not only will this excessively dense project compromise the character of Arcadia Lakes, it will negatively impact thousands of acres of downstream land and lakes within the Gills Creek Watershed,” Bishop’s letter said. He also pointed out then that Gills Creek watershed was “an already–endangered natural treasure and vital drainage network.”

In a recent newspaper article this week, Bishop now says the community and the developer need to come to some sort of agreement.

“I haven’t changed my position on protecting the town and its waters,” Bishop told the Star. “I just think that finding middle ground and moderation is the key to working this out.”

Developer Robert Mundy purchased the 12.75 acre piece of property formerly known as Roper Pond in 2004 for $1,500,000 and presented the community with a plan for building high end single family owner occupied patio homes and condominiums that met with no resistance from the residents. Detractors say that Mundy lied to the community when he presented his plans promising them a pretty little residential neighborhood, and that in reality, he will be putting up garish apartments that will not only lower property values but will negatively impact the delicate ecosystem that makes up the lakes and water sheds that surround the area.

“I live directly across the street from the lily pond, and it’s too sad to see it empty and dying,” said Diane Kickey. “We’ve lived here for 16 years, and it’s a wonderful place. There’s abundant wild life, and the foliage is beautiful, and it’s a buffer to the traffic as well. Now the traffic is at a minimum, but if this apartment complex comes in, who knows what will happen.”

Kickey said that when she first learned of Mundy’s plans for the 204–unit complex, she started a letter writing campaign and wrote several city, state, and county officials as well as Mundy himself. She said only one official responded to her concerns, and that was more or less a form letter.

“I doubt the actual person ever saw the letter,” Kickey said. “I’m sure her secretary just sent out something that was already drawn up. We don’t know what to think now. Mr. Mundy says he’s going to have all sorts of safety factors installed to guarantee the lakes stay clean, but he lied to all of us then. How are we supposed to believe him now?”

Dan Tufford is a USC research associate professor in biological sciences, and he sits on the board of the Gills Creek Watershed Association. He said that Mundy’s plans could have a negative impact on Carey Lake, but it all depends on how the safety measures are implemented and maintained.

“I haven’t seen the design that will be used so I can’t speak to its accuracy,” Tufford said.

“Of course, nature generally has a better filtering system than anything man can produce and is usually more effective. I’ve been told the developers are using stiff measures to insure the least possible pollution, and I hope that’s true. Right now it’s only words and only time will tell.”

Elaine Starr is the environmental chair of Carey Lake. She said the water detention pond Mundy is planning will be inadequate.

“I’ve lived on the lake for four decades and every time it rains Carey Lake and all the lakes downstream gets the runoff of all the pollutants from the streets, sidewalks, parking lots, and everywhere,” she said. “We used to be able to see down six feet into the water. Now the water clarity is very poor, and it’s only going to get worse with the construction.”

Opponents of the apartments say Mundy has a history of sly dealings that slip in just under the radar, and in 2002 another realty company sued him and won for breach of contract.

Boddie–Noell Properties Inc. (BNP Inc.) was awarded $100,000 in damages from Mundy and his 42 Magnolia Partnership. The court of appeals also found that Mundy did stand in breach of his contract to BNP. Court documents from that case stated that “to hold otherwise would actually reward the Partnership for Mundy’s bad behavior.”

The documents also stated that in addition to the breach of contract, he also “breached the express provisions of the purchase agreement as well as the implied covenant of good faith and fair dealing.” (See Boddie–Noell, 344 S.C. at 484-85, 544 S.E.2nd at 284- 85.)

The court went on to say that “indeed we concur with BNP’s argument that this case presents a somewhat unusual situation because BNP was essentially tricked into canceling the contract, and it exercised its right to cancel before it had knowledge of any breach.”

Mundy did not return any calls and could not be reached for comment this week, but his detractors said that was common behavior for him.

“He told us at a city council meeting two years ago that his high–end housing project would be an asset to Arcadia Lakes,” said Linda Jackson, spokesperson for the other residents suing Mundy. “But he also assured us he wanted to protect the lily pond and the trees and wetlands surrounding it. All anyone has to do is drive by today to see how well he’s kept his word.”

Jimmy Chandler, an environmental lawyer representing the petitioners and the town brought in a biologist at the beginning of the first trial that told the court that dredging the pond would destroy the delicate ecosystem, kill the lilies, and dump so much sediment into the water all the fish would die. In January of this year, the court denied the town and resident’s petition opposing DHEC’s decision to issue Mundy the permits to go ahead with his project. Currently, the case is waiting to be heard in the SC Court of Appeals and could go as far as the State Supreme Court.

Jackson said that they would continue the fight because what Mundy did and the way he went about it “just wasn’t right.”

“The pond is gone and houses are going up for sale around the area. If he builds these apartments, the people in surrounding communities will no longer look out their windows into woods but at a three–story apartment building and parking lots,” said Jackson.