In a little more than two months, residents of the town of James Island are scheduled to go to the polls to decide whom they want to lead their suburban municipality.

There's just one catch: The town might not exist by then.

That little problem practically summarizes the small town's entire brief history. Ever since it was created two years ago, it has been in a legal purgatory.

WADE SPEES/STAFF “It’s ready to go, as soon as we get a ruling,” James Island Mayor Mary Clark said of the sign in the lobby of the town’s office Saturday.

That uncertainty likely will be cleared up soon one way or the other, as a suit challenging the town's right to exist is now before the S.C. Supreme Court. On Tuesday, lawyers will present oral arguments to the court, which is expected to rule later in the year.

The town will either live, or it will die.

"It's so important," said Mayor Mary Clark. "The people of James Island deserve self-determination as the rest of the county has, as we are giving to Iraq."

Officials with the city of Charleston, which is challenging the town's legality, say the outcome of the case is very important to the city.

Healthy cities are able to expand their borders into the suburbs that surround older downtowns, they say.

Bill Regan, an attorney representing the city, said Charleston needs to be able to expand farther onto James Island, which could not happen if the town exists. The city's jump across the Ashley River decades ago helped it become the city it is today, and that process needs to continue, he said.

"All you've got to do is look at Hartford, Conn. It's been completely surrounded by suburban municipalities. It can't grow, and it's dying," he said.

The town has been relatively quiet since it was created by a majority vote of residents. That's partly because it quickly lost the first round of the city's lawsuit, and Circuit Judge Thomas Hughston ordered the town to avoid doing anything drastic.

"There's no way to put toothpaste back in the tube once it's out," he said.

It's also because many town leaders say they favor a limited government. They see the town as providing assurance that Charleston will not continue to grow on the island, and as a way to claim local option sales tax money that goes to municipalities and is used to cut property taxes.

"My basic goal has been to make sure we don't spend much money," said town Councilman Bill Woolsey. That will leave more sales tax money to refund to residents if the town survives, he said.

There is about $1.5 million in the bank, Clark said. "We have it waiting for them," she said.

The town has just two employees, although it has set up a number of committees that have tackled issues ranging from zoning to emergency plans.

The mayor and council currently receive no salary, although the town recently decided that the mayor should receive $10,000 and council members $3,600. That will take effect after the May 4 elections.

Clark said the town also is seeking grants to pay for projects such as bike paths on major roads. The benefit of the town also is present in less tangible ways, she said.

"We have a collective voice." Clark said. "The voice of the people of James Island is here."

DEVELOPMENT

While quiet on some fronts, the town has been making waves in one respect, however: an aggressive effort to control development that has led to several lawsuits from developers.

James Island formulated its own comprehensive land use plan and zoning ordinance in October 2003, after first adopting Charleston County's plan and ordinance.

The difference between the two, town officials said, is that James Island is more restrictive, an attempt to reflect the character and vision for a town that has endured rapid growth.

For example, where the county allows removal of trees up to 24 inches in diameter without government approval, James Island tightened its standards to 12 inches.

Recent disputes, though, have mainly concerned residential densities, not tree removals. The town has been sued by developers whose subdivision requests were turned down by its planning commission.

The town has already lost one case, but Clark said the lawsuits are worth fighting.

"What we are able to do is stand up to keep that type of development off James Island," she said. "We have decided that James Island has been ruined enough, and it will retain its character."

LEGAL ISSUES AND DOUGHNUTS

The legal arguments boil down to whether a law that allowed the town to incorporate is constitutional.

The town was formed from the ashes of an earlier town, which died when it lost to the city in court because it had crossed over marshes and waterways already claimed by the city. The new law allowed the town to cross those areas.

The city argues, however, that the law was unconstitutional special legislation, saying it was crafted just for the town and did not generally apply throughout the state.

"If you could do a DNA test of the ... bill that we're challenging, you'd see the DNA of the old town of James Island," said Regan.

During the trial, the town's geography expert testified that the law could be used in three other places in South Carolina.

In calling the law unconstitutional, however, the judge ruled that only James Island needed to use the law to connect separate "doughnut holes." The three hypothetical municipalities cited by the town could have formed without the law, although they would need to use it to grab certain doughnut holes.

The town's survival will hinge on whether the Supreme Court agrees with Hughston and the city.

WHAT'S AT STAKE?

Both the city and the town say the suit will have far-reaching impact on the future of the island and the area.

Charleston Mayor Joe Riley noted that the city is losing sales tax money it otherwise would have received, as are other Lowcountry governments. However, that's not the only reason to oppose the town, he said.

"The issue is much, much bigger and much more profound than that," said Riley.

He noted that 40 percent of the island already is in the city, and will stay that way even if the town survives. That creates a wasteful duplication of services, he said. The town also helps to erode a shared sense of community on the island, he said.

Finally, it is important to the city that it can continue to expand onto the island, said Riley.

Island resident Carol Jacobsen said that one of the most important things about the town is that it has given its residents a chance to govern themselves.

"It's the idea that the James Islanders are determining what things are like on James Island," she said. "If they give us a chance, it will work."

Many town officials and supporters say that losing the suit would not end the story. A bill filed recently by state Sen. Glenn McConnell would eliminate restrictions on the creation of new municipalities. If it passes, town supporters would have a chance to try again.

Clark vowed to not quit even if the town loses the suit. She said she would keep the town hall open and "go for a third time."

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