Charleston, James Is. prepare for court battle

Fate of town hinges on lawsuit opening Monday

BY JASON HARDIN
Of The Post and Courier Staff

     The city of Charleston and the new town of James Island are set to square off in a courtroom Monday in a lawsuit that ultimately will determine whether the town lives or dies.
     It's something of a replay of what happened when an earlier version of the town was formed a decade ago. Then, the city's suit went to the state Supreme Court, which ruled that the town was created by improperly crossing marshland and waterways claimed by the city, dissolving the town.
     This time, the city is arguing that a state law passed after the demise of the first town - one that gave town proponents new life - is unconstitutional because it does not apply statewide and was done only to allow James Island to incorporate.
     Town attorney Trent Kernodle said that it can and does apply to other parts of the state.
     The city also maintains that the town is flawed in other ways, arguing, for example, that separate pieces of the town are too far away from each other. The town says that is a misreading of state law.
     The city also has challenged the James Island Public Service District, arguing that once the town was formed, portions of the district overlapped by the town ceased to be a part of the PSD.
     Both sides' arguments will be heard during the proceedings beginning Monday, said City Attorneyney Bill Regan.
     Legal arguments aside, the two sides offer wildly different perspectives on the issues created by the town.
     City officials argue that it makes no sense to add another layer of government on the island, where the city already has more than 10,000 residents. The town also drains shared sales tax funds from Charleston and other local governments, they say.
     Town officials counter that the sales tax money is rightly the town's. They point to the fact that town voters have twice voted to incorporate, and they say the city is trying to bleed the town's resources in a costly legal battle.
     The trial isn't expected to be the last word on the issue. Both sides have said the case probably will wind up in the S.C. Supreme Court again.
    

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