James Island decision now up to judge
Attorney confident island town will win its 3rd battle with city
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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Comments
icbmman (anonymous) says...
Here's hoping that the judge will apply good use of his knowledge of the law and that his decision will be to disband this pseudo-town once and for all.
April 4, 2008 at 8:32 a.m. ( permalink | suggest removal )
CHRISJIII (anonymous) says...
This issue needs to be decided once and for all. Those people who are trying to keep all of James Island from being incorporated into the city are wasting their time and the little money that they have. What good is having a town when you have to depend on another city to provide services like: police protection, water, medical care, fire , and jobs?
April 4, 2008 at 9:43 a.m. ( permalink | suggest removal )
carolinapanther (anonymous) says...
I totally agree with icbmman and chrisjiii. James Island PSD needs to give up the fight, if you really cared about the people of James Island then you would realize that there is no way you can provide the services needed to become its own town.
April 4, 2008 at 10:36 a.m. ( permalink | suggest removal )
Henry_Horres_Jr (anonymous) says...
Hellooo! Its the people. The people define the boundaries of the Town of James Island. You can nit-pick all you want, but TOJI lives! It lives in the hearts and minds of those who feel it is the only way they can get representation for their taxation.
I personally think that even if the courts uphold the incorporation, it will take 20 years for a real town to emerge. Some of the present players lack the civility, and they certainly seem to lack the expertise to manage a municipality. Before its is over, many who now support the idea of a town may become disenchanted with the chaos that ensues and petition for a referendum to merge with the city, or dissolve the town altogether. But at the moment, TOJI lives. Sort of....
No one is ever going to accuse Mayor Riley of not trying to serve the city's best interest by continuing his efforts to annex all of James Island he can. Too bad he didn't make his move sooner when he might have made the entire Island "Rileyborough". In the absence of a lot of industry, municipalities are often a major source of employment in any area. Most citizens could care less about the real benefits of local governments, but you can bet the politicians and bureaucrats whose salaries depend on the tax base do.
Whether the court rules in favor of TOJI or not, Charleston can decide not to fight an appeal, be satisfied to say "I told you so", and watch to see if the Town falls on its face.
April 4, 2008 at 11:55 a.m. ( permalink | suggest removal )
icbmman (anonymous) says...
Please, Henry. I'm so sick of these town supporters merely stating that it is the will of the people. The will of the people has been distorted due to disinformation...they said the same things when the city of N. Chas first formed. Now take a look at it. The city of Chas leaders lacked the intelligence and foresight to prevent that in the past, and now the city is taking steps to ensure that it doesn't happen again.
April 4, 2008 at 1:56 p.m. ( permalink | suggest removal )
Henry_Horres_Jr (anonymous) says...
icbmman, I gotta agree with you there. And I am one of the misinformed.
Was there really any chance the city would gobble up much more of tax district 31 than it already had? I was really quite happy with the PSD. Yeh, I used the city to some extent, but then I had to pay more at Muni.
And being a part of the city wouldn't have given me a lot of heartburn, either. It just seems there was a lot of smoke and mirrors on both sides.
But then you can't just plant a relative or an ex in your backyard in Charleston. At least not without breaking an ordinance. As far as I know, in TOJI you can do just that, and save the price of a cemetary plot. And you may not even have to have an enviromental study done either. With the cost of funerals being what it is, that's something to think about.
What causes me to wonder is why the City of Charleston didn't just get an injunction against the efforts to form this version of the quasi-town before the election for incorporation. Why was it allowed to get as far as it has?
I am really curious about that.
April 4, 2008 at 5:01 p.m. ( permalink | suggest removal )
jifdeng3 (anonymous) says...
You guys have gotta get your facts straight. The PSD has nothing to do with this lawsuit or the Town of James Island. We provide fire, trash, and wastewater services to unincorporated, town and post lawsuit areas on James Island and will continue to do so for at least the next 20 some years due to federal loans. We can be taken over by a City or town but it is a complicated and expensive process. I work for the psd, but I wholly hope the town loses this lawsuit and we can continue as we have for so long.
April 4, 2008 at 6 p.m. ( permalink | suggest removal )
Henry_Horres_Jr (anonymous) says...
How can it be that the PSD has nothing to do with the Town of James Island when TOJI apparently employs one of the PSD Commissioners; and he, and two other Commissioners (one of whom it Mayor Clark's daughter) seem to vote in lockstep, and virtually control the PSD. They actually appear to have a majority voting block already.
This is exactly how Mayor Clark, Rev. Williams and "Cubby" Wilder can essentially control the town of James Island today. It is their 3 votes to the other council members 2. And the net result is that the equality of representation held up as one reason for forming TOJI appears to be lacking for many under it's rule. Williams and Wilder would seem to have "super council member" status relative to the number of voters in their respective "districts".
Perhaps the more accurate question would be what does the Town of James Island have to do with the PSD, or perhaps intend to do with it in the future? The process of the town taking over the PSD could be greatly expedited if the town can influence enough votes on the commission to pave the way. And it appears they can do that today.
How much of any of this power struggle is in the name of political patronage, and whether it is even a little concerned about the best interest of the public at large, is open to debate. Much will depend upon the good intentions of those who are playing the game. So far, I'm most impressed with the cunning displayed by those involved. As far as good intentions go, only time will tell.
April 5, 2008 at 1:21 a.m. ( permalink | suggest removal )
svilleswampfox (anonymous) says...
I, for one, hope James Island wins this one. James Island doesn't need all of it's own individual services to survive. Hollywood? What services does the town provide, that are not already provided by the county? Summerville uses county EMS, Awendaw uses Charleston County for most or all of it's services, etc. I want to see TOJI win mostly because I can't stand Charleston, or Joe Riley. No where to park, protected buildings falling down, some of the worst roads North of the Panama Canal, etc. Go James Island!
April 5, 2008 at 5:31 a.m. ( permalink | suggest removal )
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