Attorney, islanders play waiting game on appeals

August 7, 2003

By JAMES LEE
THE JOURNAL

    Attorney Trent Kernodle is knee deep in that old game called "hurry up and wait."
    Since last year he has been working to remedy two issues of particular interest to residents of James Island: the incorporation of the town of James Island and the half-cent sales tax.
     But there hasn't been a quick answer to either.
     The town's appeal to the S.C. Supreme Court is entrenched in the legal process, while the sales tax appeal was heard by the state Supreme Court on July 10 and a decision is forthcoming.
     Shortly after the Town of James Island incorporated in May 2002, the city sued, stating that the legislation used to incorporate is "special legislation" and only applies to James Island and is therefore unconstitutional.
     The case was heard in December 2002, and in February of this year civil court Judge Thomas Hughston handed down his ruling in favor of the city of Charleston.
     Shortly after the ruling was announced, Kernodle and his team of attorneys began the appeals process, asking the S.C. Supreme Court to review the decision.
     Attorneys initially anticipated that the appeal would be heard and a ruling made by the end of this year, but time is quickly slipping away.
     The City of Charleston requested an extension of time to file its reply brief to the appeal, and according to Kernodle, that may lengthen the timeline for the hearing.
     "More likely than not (the decision) will be the first part of next year," Kernodle said.
     The S.C. Supreme Court's decision on the half-cent sales tax is expected much sooner.
     Kernodle, representing a group of county residents, lodged a lawsuit against the Charleston County Council and the Charleston County Election Commission regarding the half-cent sales tax referendum last November.
     The larger group of complainants Kernodle is representing includes Folly Beach Councilman Bob Linville; state Rep. Wallace Scarborough, R-James Island; James Island Mayor Mary Clark and Town Councilmen Joe Qualey, Bill Wilder, Parris Williams and Bill Woolsey; James Island Public Service District Commissioner Eugene Platt; and James Island's representative on Charleston City Council, Robert George.
     A similar suit by W.J. "Joey" Douan has also bee6n combined with the larger group.
     The referendum, which was strongly backed by Charleston Mayor Joseph P. Riley Jr., Mount Pleasant Mayor Harry M. Hallman Jr. and North Charleston Mayor Keith Summey, was approved by Charleston County voters on Nov. 5 by about 600 votes.
     The tax is intended to raise money for road and infrastructure improvements, preserve green space, and provide funds to operate CARTA (Charleston Area Regional Transportation Authority) buses.
     It is expected to raise $1.3 billion over the next 25 years.
     But sales tax opponents say the the question on the November ballot was phrased in a way that favored the tax.
     They also say some 50,000 yellow fliers handed out at polling places violated the law by presenting the question voters would see on the ballot and detailing the uses for the tax if approved.
     Opponents also say the list of projects presented on the flier was not fully approved and was only a "wish list" of improvement projects.
     Both the Charleston County Election Commission and the state Election Commission turned back the group's challenges, paving the way for the case to be heard by the S.C. Supreme Court.
     A recent phone call from the Supreme Court has Kernodle hoping that the decision will be arriving soon.
     "They called me up and said that they needed some copies of the exhibit because they are going to publish those in the advance sheets," he said.
     "Judging from that, and that only, that they have decided to publish something, it should be fairly quick, but that is speculation."
     Kernodle said he hopes the decision will come within the next week or so, although he noted that if a ruling came that quickly, it would be the quickest ruling he has ever seen.
     What could fuel a quick decision from the court, however, is the importance of the half-cent tax. Businesses were originally slated to begin collecting the tax in May, but have been on hold because of an injunction until a decision is handed down.