James Island's Status Argued Before Judge

Originally Published on Saturday, February 15, 2003

James Island's status argued before judge
From staff reports

The city of Charleston has asked that a judge prevent the town of James Island from operating while his ruling that the town is illegal is appealed to the S.C. Supreme Court.

During a hearing Friday, city attorneys asked Circuit Judge Thomas Hughston to deny the town's request that it be allowed to continue functioning.

City Attorney Bill Regan said that the town, which Hughston ruled last week was formed illegally, would take shared revenues away from other county municipalities if it is allowed to remain in business in the meantime.

Town Attorney Trent Kernodle said both sides agree the matter ultimately will be settled by the Supreme Court. The greater harm, he argued, would be to take away town residents' right to govern themselves before the case is settled.

The judge asked that lawyers submit proposed orders next week on whether the ruling should be stayed during the appeal.

The first version of the town of James Island, which the city also sued, was allowed to remain in operation until the Supreme Court finally ruled it illegal. That process took a few years. This time, accelerated legal proceedings could result in an quicker resolution, lawyers said.