James Islanders will get to vote in PSD election

Judge rejects city's request to postpone vote

BY ARLIE PORTER
Of The Post and Courier Staff

     James Islanders will get to vote next week for members of the island's public service commission, following a judge's rejection Tuesday of the city of Charleston's request to postpone the election.
     But the judge also said he intends to rule on the case before those elected on Nov. 5 are sworn into office.
     The city sued James Island Public Service District last month, contending that the creation of the mostly overlapping town of James Island precludes those in the new town from voting in the district elections.
     The city sought to postpone the election, in which 10 candidates are running for four commission seats.
     Created in 1961, the district provides fire, sanitation and other services across the island of more than 30,000 people. Earlier this year, island residents voted to form a new town that ultimately would provide services, as well.
     Charleston repeatedly has challenged both the town and district in court as it also has annexed James Island residents into the city.
     A James Island resident annexed into Charleston cannot vote in the public service district elections.
     There's no difference between the city's annexations and the town's incorporation, City Attorney Bill Regan argued in court Tuesday. Therefore, residents of the new town cannot vote in district elections, he said.
     "What we have here, your honor, is a strange and bizarre anomaly of the law," Regan said of the overlapping town and tax district.
     Trent Kernodle, an attorney representing the commission, has contended that the town and commission do not intend to provide the same services, so there's no conflict between them.
     But before he could respond to Regan's arguments, Circuit Judge Thomas Houston ruled from the_bench.
     Houston said he's reluctant to stop the election, but he set a trial date for Dec. 16 and promised to make a decision by year's end - before winners in next week's commission election are sworn into office. The city's lawsuit claiming that the town of James Island was illegally formed also can be heard at that time, Houston said.
     If the courts rule against the town's incorporation, the city's lawsuit against the commission becomes moot.
     During Tuesday's hearing, Regan acknowledged "a little bad blood" between some James Islanders and the city of Charleston.
     Afterward, Kernodle backed up the statement.
     "Greed," he said when asked about the city's reason for suing. "The city will not rest until they get every penny of property tax on James Island, and it doesn't matter who they step on to get there."
     At the hearing, however, Regan said some Charleston residents are paying taxes for commission services and thus have a stake in the election. Regan said afterward that the city does not plan to appeal Houston's decision.
    

     Arlie Porter covers Charleston County. Contact him at porter@postandcourier.com or 937-5548.