Reproduced from The
Post and Courier, Charleston, SC (used with permission)
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Judge protects fire district
By: ROBERT BEHRE
Originally Published on: 12/20/96
Page: A1
A federal judge has issued a temporary injunction to stop the city of Charleston from cutting into the James Island Public Service District's fire service area.
The full effect of U.S. District Judge Falcon B. Hawkins' ruling was not clear Thursday, but city and PSD officials said it won't immediately affect residents' fire service or tax bills.
Less clear was how much, if any, real property taxes the city might lose from its newly annexed areas, where these residents' 911 calls will be routed and whether the injunction will discourage any island residents from asking the city to annex them.
After the S.C. Supreme Court recently ruled to dissolve the town of James Island, Charleston City Council moved to annex about 300 residents who once lived in the town.
At the same time, the district filed the federal lawsuit to protect its tax base and service area. Hawkins heard arguments in the case earlier this month and issued his temporary injunction Thursday.
``This won't change anything from a practical standpoint,'' Mayor Joseph P. Riley Jr. said of the ruling. ``The annexations continue, and we will provide service on James Island.''
However, PSD Chairwoman Nancy Hadley said, ``We are very pleased with the ruling, and I think the wording of it demonstrates that we have a very strong case.''
``What I envision is that the PSD will have the right to continue to provide fire service and to collect a pro-rated portion of our fire tax based on that,'' she added.
Hadley said the PSD was protected from losing that tax money from annexations because a federal statute covering its obligation to pay back federal loans has precedent. The district has used Farmers Home Administration loans to support its fire department.
At issue is who gets to provide fire service to - and collect property taxes for fire service from - the 319 residents who annexed into the city this year. PSD attorney Trent Kernodle said the district will try to expand the case to cover the thousands of city residents who live in what was once the James Island Public Service District. Those residents annexed before the town of James Island formed in 1993.
While both district and city officials said their fire departments will respond to any calls, it was unclear whether the newly annexed residents' 911 calls would be routed differently.
``It's the city's position that the judge's order has nothing to do with 911,'' city Attorney Bill Regan said.
Kernodle said newly annexed residents still will get 911 service, but the district would contact county officials to ask them not to change the routing of calls from newly annexed residents.
Meanwhile, Hadley said the injunction also could slow the city's annexations.
``I think it will remove some of the allure. It will make it more difficult for them to convince people to annex, I would think,'' she said.
Riley disagreed, saying many who annex are seeking city police protection, which is unaffected by the ruling. He said the city would continue to seek out residents interested in annexing.
``If you take their argument, this would mean if they get a 40-year loan, they get to thwart the growth of cities,'' he said. ``That's not a sound argument from any public policy standpoint.''
Both sides expect Hawkins to hear the case before October 1997, when the next round of property tax bills on homes are sent.
However, the city could collect taxes on real property, including cars and boats, from newly annexed areas as early as next month. Riley said the city might have to set some of that aside, pending the outcome of the case. Any amount would be very small, he added.
This is not the first time federally backed loans have affected the city's presence on the island. The Charleston Commissioners of Public Works recently reached an out-of-court settlement with the district on sewer service, which the PSD also provides.
Riley said the same type of settlement could be possible with fire protection.
However, the legal question of whether the PSD's federal loans ought to affect a city's right to serve or tax newly annexed areas could get a hearing elsewhere.similar case is pending involving annexations by the city of Greer in the Upstate.
The St. Andrews PSD in West Ashley has tried and failed to take similar court action in the past against the city of Charleston.
Reproduced from The
Post and Courier, Charleston, SC (used with permission)
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