James Island officials and residents vowed to continue to fight to keep their town Tuesday, a day after a South Carolina Supreme Court ruling snuffed out the town's right to exist.
Its days are numbered in the wake of the ruling, which found that the law it used to incorporate was unconstitutional.
Still, James Island has not been officially dissolved yet. Officials decided Tuesday to fight their town's demise to the bitter end, voting to ask the court to reconsider its decision.
Optimism mixed with anger during a sometimes emotional meeting at James Island Town Hall.
"We've got to keep the faith," said town resident Hezekiah Brown Jr. "We shall overcome."
Town Councilman Joe Qualey blamed the city of Charleston, which sued the town, for allowing too much development on the suburban island. If the town fails, more will occur, he said.
"You're going to be overwhelmed by the sounds of chainsaws and bulldozers," he said. "Literally not since Sherman marched has there been destruction of this magnitude."
City officials note that most island residents do not live in the city and that plenty of development took place before Charleston annexed any of the island.
While the town will ask the court for a rehearing, both sides say the chances of a reversal are slim."It's highly unlikely that a unanimous court is going to say, 'Oh, we made a mistake,' " said Bill Regan, an attorney for the city.
The town's demise could mean a windfall for other local governments. Charleston County and the county's municipalities likely will split the lion's share of the roughly $3 million the town has in the bank, much of which came from local sales taxes.
The payouts could reach the hundreds of thousands of dollars for some governments, said Frances Cantwell, an attorney for the city of Charleston.
Cantwell said a judge probably would appoint someone to distribute the town's assets.
Town backers promised to continue their fight even if it means creating an entirely new town. That would require new legislation from the General Assembly.
In the meantime, some town residents could choose to join the city of Charleston.
"We will welcome them," said Charleston Mayor Joe Riley.
Riley said he wants to cooperate with island residents whether or not they choose to annex.
Town Councilman Bill "Cubby" Wilder asked those in the town to not make any quick decisions.
"Please, please do not annex into the city," he said. "Stay where you are, give us a chance."
The court held that a law that allowed the town to form by sharing marshes and waterways already in the city of Charleston was unconstitutional legislation that did not apply everywhere. There was no rational reason to allow municipalities to share those features but not similar ones such as highways or parks, the court ruled.
The decision has divided island residents.
Many town backers are angry and baffled by the court's decision.
"We felt that right was on our side and couldn't fathom that the Supreme Court wouldn't rule in our favor." said town resident Eugene Platt.
"I feel like they have taken my vote and thrown it in the trash can," said resident Don Sueverkruepp. "It's a disgrace."
Some had angry words for Riley.
"It was a beautiful place until (Riley) tore this place up," said island resident Mary Bates.
Other islanders took a different view of the decision, which was the second time in a decade the Supreme Court struck down a town of James Island. The court ruled against the earlier version of the town in 1996.
Robert Kizer, who lives in the city's portion of the island, was a plaintiff in the suit against the town.
He said he is encouraging town residents to annex into the city. It makes more sense to avoid creating another layer of government on the island, he said. Part of the island is in the city, and most of the rest is in the James Island Public Service District.
"People are very emotional about trying to form their own town," said Kizer. "But having three entities involved in all the same problems ... is more than we need."
Annexing into the city will give residents more of a voice, he said.
"I think the smart thing to do is to do that," said Kizer.
The fight is unlikely to end any time soon. Town backers say they are committed to trying for a third time.
James Island Mayor Mary Clark said she would like to continue using the building that is now the Town Hall as a home for a new incorporation effort.
Copyright © 2004, The Post and Courier, All Rights Reserved
Jason Hardin covers the city of Charleston. Contact him at 937-5549 or jhardin@postandcourier.com.