CSU must sell 63 acres
Court rules in favor of land trust contract
The state appeals court ruled Wednesday that Charleston Southern University must sell a riverfront parcel to the Lowcountry Open Land Trust.
The land trust has a contract to buy from CSU 63 acres on the Ashley River at Bacons Bridge near Summerville. The land trust plans to let Dorchester County open a park there.
CSU canceled the contract in March 2005, arguing that the land trust missed the deadline for closing the deal. But Master-in-Equity Patrick Watts ruled in June 2006 that missing the closing deadline did not invalidate the contract.
CSU appealed. The appeals court agreed with Watts that CSU should sell the land.
The contract specified a purchase price of $325,000. CSU owns 61.7 percent of the property. At least 27 other people own the rest. The land trust would pay CSU $220,525, including interest, with the rest of the money going to the other owners.
Land trust Executive Director Will Haynie hailed the court's decision.
"We're obviously pleased with the ruling," Haynie said. "We look forward to preserving this property for the benefit of the public. We look forward to complying with the court's order."
CSU could ask the appeals court to reconsider. If that fails, the school could appeal to the state Supreme Court. Stephen Brown, CSU's attorney, said the school has not yet decided what to do.
"We are still reviewing the opinion and our options and will take whatever steps we think to be in the best interest of the school and its mission," Brown said.
The sale is also part of the agreement to downsize the Poplar Grove development from 3,500 to 450 houses.
The S.C. Conservation Bank agreed to kick in $2.2 million to help buy easements at Poplar Grove if the county would open a park on the Ashley River. The conservation bank gave the land trust $280,000 to help buy the Bacons Bridge parcel for a park.
Bacons Bridge is the gateway to the plantations that line the river near Charleston, and Francis "Swamp Fox" Marion is thought to have camped at the site.
Reach Dave Munday at 745-5862 or dmunday@postandcourier.com.
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Comments
idennis (anonymous) says...
I agree, a default is a default. I have another question... who is the "Lowcountry Open Land Trust"? I've heard of The Nature Converacy and others who buy land such as the Ace Basin to preserve it against deveopement and keep it pristine for all but have never heard of this one. Just wondering if they aren't just an enity of the developer to be able to build a park to appease the powers that be and in return be allowed to develop or even over develop a tract of land. And that's just what highway 61 needs is another large developement on an already overstressed historic road.
January 17, 2008 at 6:05 a.m. ( permalink | suggest removal )
onedeep (anonymous) says...
Google search on the name brings back their website as the first hit. Seem legit to me. Plus I doubt that the SC Conservation League would have given them money to buy the land if they weren't going to do something that is in line with the SC Conservation League's goals.
January 17, 2008 at 7:19 a.m. ( permalink | suggest removal )
Native_Ink (anonymous) says...
CSU caused the LOLT to miss the deadline; it was widely reported a couple of years ago when it happened. Basically, the CSU board had a change of heart AFTER they signed a contract and decided to chase the big bucks instead. Like I said, it was all widely reported, and I'm sure the intentional stalling tactics on CSU's part played a big part in the court's decision.
January 17, 2008 at 8:22 a.m. ( permalink | suggest removal )
Native_Ink (anonymous) says...
BTW, what do you bet Al Parish was one of the people who convinced CSU to stall?
January 17, 2008 at 8:51 a.m. ( permalink | suggest removal )
Native_Ink (anonymous) says...
Early, creating a public park on the Ashley River was part of the blockbuster conservation deal that included Popular Grove. Theoretically, without this park, Popular Grove's conservation easement would revert back to the developers.
January 17, 2008 at 8:54 a.m. ( permalink | suggest removal )
Reader (anonymous) says...
It really bothers me when people like PalmettoMan write things like this:
"The contract expired. The Court of Appeals must have made a corrupt ruling. Just another good example of how bad our legal system as become. They don't rule by what the law states. They merely do what they want to do and snicker at the public and say to themselves 'watcha going to do about it? Sue us'???? Tyrants they are. Plain and simply, tyrants."
First, in South Carolina the law PRESUMES that time is not of the essence in real estate contracts. Instead, obligations must be met merely within a REASONABLE time. The parties can change that presumption very easily by simply inserting a term saying that time IS of the essence. This is BASIC contract law that every lawyer and real estate agent in South Carolina knows.
In this case, the university did NOT include that sort of term in its contract. Moreover, even after the "deadline," the school continued trying to close on the deal, proving that not even the school thought that the deadline was significant. Given the complexities of the title to the land, the court properly determined that the delay in closing was reasonable.
If you want to attack our courts for their decisions, take the time to learn a little something about the substance of your comments. This was a perfectly well-reasoned opinion by the South Carolina Court of Appeals, and the judges hardly deserve to be attacked at tyrants for applying the law in typical fashion.
(And don't even get me started all what is wrong with the notion of taking this case to the U.S. Supreme Court.)
January 17, 2008 at 8:56 a.m. ( permalink | suggest removal )
forget (anonymous) says...
Actually, Palmettoman gets a few debates going, usually the other posts are against him. Now it's Doug_Huffman I find a little unnerving. No matter what the subject is, everyone needs a gun!
January 17, 2008 at 12:23 p.m. ( permalink | suggest removal )
Reader (anonymous) says...
Agreed. I skip right over Doug_Huffman's posts since I cannot stand his not even making a point, regardless of merit and always tagging his posts with that nonsensical fragment about equality of something. And, I agree ColdBeer, I'll have to add this fellow to my list.
As to this article, I don't mean to seem shrill, but over and over and over posters on these boards haul out their pitchforks and torches and prepare to storm the judicial castle without understanding how the court system even works. As a lawyer, I feel a certain obligation to step up and set the record straight about our courts.
January 17, 2008 at 1:05 p.m. ( permalink | suggest removal )
forget (anonymous) says...
I agree, Reader. I try to give our lawmakers the benefit of the doubt, especially since I'm not a lawyer and the the law itself is not my area of expertise. I usually go with what my knowledge of right and wrong is and work from there. So far, so good....
January 17, 2008 at 2:38 p.m. ( permalink | suggest removal )
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