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What's next?Circuit Judge Cordell Maddox Jr. said he will rule on the James Island incorporation case by June 1. Both sides have said that if they lose, they will appeal to the South Carolina Supreme Court. |
The fate of the town of James Island is now in the hands of a
judge, who will consider the city of Charleston's claims that the
town's 2006 incorporation should be invalidated.
Two prior towns formed on James Island were dissolved after court fights with Charleston, but town attorney Trent Kernodle argued that the Legislature learned from past mistakes and crafted an incorporation law that will survive the city's constitutional challenge. "If it comes down to the right of people to choose their government, then we win," |
Kernodle said in his closing statement Thursday afternoon.
Charleston's lead attorney on the case, Tim Domin, told Circuit Judge Cordell Maddox Jr. that the state's incorporation legislation violates the state and federal constitutions, and a state prohibition on special-purpose legislation.
Domin also argued that the town's incorporation papers were flawed, while Kernodle said the paperwork was good enough for the secretary of state and a legislative committee, and should satisfy the courts as well.
"After three and a half days of trial, we still do not know the boundaries of the town," Domin said.
The town, with more than 20,000 residents, was formed from the part of James Island that were previously in the unincorporated areas of Charleston County.
The James Island Public Service District and Charleston County Sheriff's Office provide most municipal services and police protection, as they did before the town was formed.
The rest of James Island, with about 16,000 residents, is part of the city of Charleston.
The formation of a town was intended to give residents more control over planning, zoning and drainage improvements, while also preventing Charleston from annexing more land on the island.
Unlike public service districts, towns get a share of local option sales-tax money, so the town's creation reduced the share of sales tax revenue for Charleston and other municipalities.
Reach David Slade at 937-5552 or dslade@postandcourier.com.
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