Reproduced from The
Journal, Serving James Island and Folly Beach, SC (used with permission)
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Town's fate in judge's hands until FebruaryDecember 19, 2002 BY JAMES LEE While the testimonies of Charleston Mayor Joseph P. Riley Jr. and James Island Mayor Mary Clark provided the basics of Charlestonıs annexation policies and James Islandıs incorporation approach, respectively, the key elements of the case revolved around the appearance of two other witnesses: Tracy Vaughn, director of technology and information systems for the city, and Dr. David J. Cowen, geologist and chairman of the geology department at the University of South Carolina. The primary question of the nonjury trial was whether Senate Bill 226, which states that waterways and marshes are shared areas that can be crossed during incorporation, is special legislation created to allow James Island to become its own town. Vaughn and Cowen are both experts on Geographic Information Systems (GIS), a digital tool allowing detailed maps and studies to be created, viewed and analyzed using not only geography but census figures. But they argued opposing points Vaughn stating that no other place in the South Carolina could incorporate using the overlapping boundary provision, and Cowen presenting three different possibilities in other parts of the state. "The only thing that I can tell you is that there is no other place in South Carolina that used overlapping boundaries to become a town," said Vaughn while on the stand. But Cowen pointed to unincorporated areas near Greer in Greenville County, Conway in Horry County, and Summerville in Dorchester County as places that could incorporate using the overlapping boundaries provision. He also spoke of an unincorporated area north of Bluffton in Beaufort County, the fastest growing county in the state with 39 percent growth in the last decade, as a place that he predicted may be in a position to incorporate in the future, a move that would require the use of the overlapping boundary provision. The cityıs attorneys, William Regan and Frances Cantwell, argued that this is special legislation pertaining only to James Island, and that without using waterways and marshes, the town would not have reached 15,000 residents, meaning that they would have been required to apply to be annexed by either the City of Charleston or the City of Folly Beach. If denied annexation, the town would then be allowed to seek incorporation. Riley maintains that if the town is allowed to stay, it will deliver an economic blow to the city. Trent Kernodle, attorney for the town argued that the town has voted down annexation attempts by the city on several occasions, and has voted successfully to incorporate twice, showing the desire and determination of James Island residents to govern themselves within the boundaries of state law.
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Reproduced from The Journal, Serving James Island and Folly Beach, SC (used with permission)