Reproduced from The
Journal, Serving James Island and Folly Beach, SC (used with permission)
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See you in court: Town ready to take on cityDecember 12, 2002BY JAMES LEE There's no blood covering the streets of James Island, and no bodies strewn in the marsh, but these days, the town seems no less a battlefield. In existence for little more than seven months, the Town of James Island is preparing to take on the City of Charleston in the court room beginning Dec. 16. It's the second time in the past decade that the town has fought for the constitutionality of its incorporation. This time, town officials say, they are ready. The City of Charleston questions several areas included in the new town and claims that the S.C. General Assembly legislation under which the town incorporated is specialized and does not apply to any other places within the state. "Every step of the way, we knew without a doubt that, because of the arrogance of the City of Charleston's current administration, there would be a challenge," said Trent Kernodle, attorney for the Town of James Island and the James Island Public Service District. Even when the town's efforts to incorporate were just beginning, officials anticipated an eventual legal challenge. "Everyone was told,'Everything we do, let's do as if someday, somewhere, we have to present it in court and to explain why and how it was done,' " said Kernodle. "Another watch word we had was, 'When in doubt, leave it out.' " While the first guideline was intended to strengthen the town's defense in a situation such as the current one, the second was followed to try to prevent the town's meeting the same fate as its first incorporation attempt. In December 1992, James Island incorporated, and less than 60 days later, the City of Charleston brought suit against the town, stating that the town had violated laws of contiguity by annexing across marshes and waterways. Current James Island Mayor Mary Clark says the city does the same thing - for example, in its annexation of many parts of James Island. Despite the lawsuit, the first town proceeded to elect a mayor and a town council and established a town hall, all while bearing the burden of the legal battle. In 1996, the case was brought before the S.C. Supreme Court, which ruled for the city, and was finalized by U.S. District Judge Michael Duffy, who postponed the dissolution of the town until another suit, this one against the state, was heard 10 days later, when he supported the Supreme Court's decision. The doors to Town Hall were chained shut and more than $3 million was taken from the town and distributed to neighboring municipalities. Talk of incorporation heated up again with the passage of S.C. Senate Bill 224, which allowed marshes and waterways to be incorporated within certain guidelines. "This time it is simply a taking of the right of self-determination from the people," said Clark. Clark was not a part of the first incorporation attempt, but the outcome lit a spark in her that led to the organization of the James Island Alliance for Self-Government, and finally, the incorporated Town of James Island, of which she was elected mayor. "The difference between the old town and new town is that we now have the entire power of the state of South Carolina behind us ... not only telling us that we have done the right thing, but assisting us in getting it done," said Kernodle, who calls the City of Charleston a "500-pound gorilla." Charleston City Council membert Robert George, who represents James Island, said the difference between 1992 and the present is that today, many people see the town as the victim of a vendetta. "The major difference is the main course of action by the city to the town has been remedied," said George, referring to the legislature that ligitimized the former town. "The city's efforts have now taken on a vindictive-type air." The city's suit states that the statute allowing annexation across marshes and waterways is special legislation created only to support the incorporation of James Island. However, according to Kernodle, "there is case law out there, one specifically on point, and one specifically having to do with incorporation, that we believe trashes that theory." He said general law supports the town as well, noting that the head of the geography department at the University of South Carolina has found five towns that the statute could be applied to in South Carolina. When creating the boundaries for the new town, the alliance used the James Island PSD's boundaries as a model. From there, it eliminated any property that had ever been annexed by anyone else, as well as areas that didn't meet the definition of contiguity. The incorporators then went to the county and got tax map numbers for the PSD, and compared them with the tax map numbers for the city to make sure that they had not missed any. After taking out the ones that didn't meet the criteria for the town due to being landlocked by city properties, they made a list of tms numbers. The city pointed out several that the town included in error, and Kernodle says, "That was because the properties were annexed after we turned our petition in. ... And some of the others, the county didn't know that they had been annexed and the city didn't tell us." Kernodle also cited the lawsuit by the city against the PSD, which states that it is not constitutional if the city is, in fact, legal, stating that through a random sampling of 33 other Public Service Districts, 15 have done the same thing that the city is attacking the JIPSD for doing. "Two of (these) were existing PSDs upon which a town was incorporated," said Kernodle. "And both of these took their cases to the Supreme Court and won." According to George, the city hasn't earned the right to have the support of the people on James Island, saying that high-density development has contributed to the traffic problems on the island. "The people of James Island have made it clear what they want," said George. "Government is supposed to be by the people, for the people. Nothing is going to get done without inter -and intra-agency cooperation. "The time has come to put bad blood behind us." The civil, nonjury trial will start on Dec. 16, with Judge Thomas Houghston presiding. While it has the potential to be a long, drawn-out hearing, Kernodle feels that the protocol should begin very broadly and work its way to a tighter focus so there is no time wasted. "If they say that the Town of James Island is unconstitutional, and they are right, we think that that should be heard first," said Kernodle. "If it is not, the trial is over. If it is, then we will move to whether we put it (the town) together right. If they say no, we didn't - it would be over." For Clark and Kernodle, "over" isn't in their vocabulary. "We feel really good about it," Kernodle said.
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Reproduced from The Journal, Serving James Island and Folly Beach, SC (used with permission)