Charleston, town in tug of war over tract

BY JASON HARDIN
Of The Post and Courier Staff

     The city of Charleston and the brand-new town of James Island might be set for a legal tug-of-war, with a large tract of prime island waterfront property as the prize.
     Charleston City Council voted Tuesday to annex property that also is claimed by the town, setting the stage for a resumption of legal hostilities between the two municipalities.
     Town backers packed Charleston City Hall to protest the annexation of the 900-plus-acre Grimball Farms tract, which lies between Folly Road and the Stono River near the southern end of the island. Developers have discussed building an upscale subdivision that_includes a few hundred homes and an 18-hole golf course.
     Town representatives said that the annexation is illegal and that it is sure to sour the relationship between the town and the city.
     "We can only conclude ... that the mayor and the council of the city of Charleston are acting in bad faith to interfere with and disrupt the formation of its new municipal neighbor," said attorney Trent Kernodle, reading a letter signed by candidates for office in the town.
     City officials said the annexation is perfectly lawful and the property owners want to be in the city.
     "For us to tell them no ... because somebody might take offense is an awfully weak position," Charles-ton Mayor Joseph P. Riley Jr. said.
     The significance of the dispute goes beyond lines on a map. The property, once developed, eventually could generate hundreds of thousands of tax dollars each year for the municipality that serves it.
     The legal status of the annexation appeared cloudy as lawyers produced differing opinions Tuesday. Town backers discussed a lawsuit.
     The town's claim is that it included the tract in boundaries approved by voters in the successful May 21 referendum on incorporation.
     But the city had given an annexation ordinance first reading in December 2000. Between then and Tuesday's final reading, though, the annexation was never completed, and town backers said they thought the issue was dead. City officials said the developers had spent the time performing extensive studies of the property, including an archaeological review.
     City officials also said the town's certificate of incorporation, which was signed by Secretary of State Jim Miles last month, does not take effect until a mayor and council are elected. Plus, said city attorney Frances Cantwell, the city claimed the property first.
     "There is a doctrine in the law that says he who starts wins - first come, first served," she said.
     Although council voted to complete the annexation, some council members warned that it could stir up animosity.
     "I hate to see a relationship sour at the very beginning," said Councilman Robert George, who voted against the annexation. "I'm just concerned that we are going to start our relationship in the courtroom."
     Bad blood already existed between the city and the town. The first town of James Island was dissolved several years ago after the city won a lawsuit contesting the town's right to incorporate.
     The next step for the town is the election of officers, which will take place next Tuesday.
     Council also approved a ban on the rental of what city officials described as glorified golf carts downtown. Riley and other supporters of the ban said the vehicles, which are operated by only one rental company, are dangerous and contribute to the "Disneyfication" of the city.
    

     Jason Hardin covers the city of Charleston. Contact him at 937-5549 or at jhardin@postandcourier.com.