The commission chairman told islanders upfront that the gathering wouldn't be town-related, as initially planned, since a Feb. 7 legal ruling against the town's existence has put all town business on hold.
Trent Kernodle, the attorney for this case, said he's unclear as to whether the town can operate now. Although the ruling found in favor of the city of Charleston, its wording leaves room for doubt about the town operating until an anticipated appeal from the town goes before the S.C. Supreme Court.
In addition declaring the town unconstitutional, Circuit Judge Thomas Hughston Jr., decided that its officers "should be enjoined from exercising any municipal authority," according to the ruling. Kernodle said the "should be" wording doesn't necessarily mean that the town must cease municipal operations.
"We are in limbo," Kernodle said.
He has requested that Hughston decide separate from the ruling whether the town can continue to operate pending the appeal. Meanwhile, Kernodle and town attorney Michael Socha have advised town officials to do nothing except meet to discuss legal issues until there's a decision on the request.
"I think the effect of his ruling is to shut the town down," said Bill Regan, city of Charleston attorney. The city believes the town is illegal.
The legal battle between the town and the city date back to 1997, when the first town of James Island -- incorporated in 1993 -- was dissolved by a successful city lawsuit over the town's boundaries.
A 2000 legislative bill made it possible for marshes or waterways to be used in other annexations, which was the basis of the city's first lawsuit as they said they owned the waterways included in the first town's boundaries.
The current lawsuit to dissolve the town claims that the legislative bill, which made the recent town incorporation possible, is unconstitutional, as it relates only to James Island and few other places statewide.
Hughston, who was contacted via phone, said he is awaiting proposed consent orders from both Kernodle and Regan before he decides to allow the town to operate.
"After I receive those, I will be making a decision as soon as I can," he said. A decision could be made this week.
Despite an already unfavorable legal decision earlier this month, some town supporters maintain Palmer's optimism.
"I'm still holding out for the (town of James Island) arts commission," he said. "I am still in hopes that we are going to prevail."
Copyright © 2003 Charleston.Net. All Rights Reserved.