James Is., Charleston still await ruling on incorporation
By David Slade
More than three months after closing arguments were made in Charleston's lawsuit challenging the incorporation of the town of James Island, a court ruling still is awaited and the town's future uncertain.
Neither the city nor the town is on tenterhooks awaiting the decision because no matter which way Circuit Judge Cordell Maddox Jr. rules, his decision will be appealed by the losing party to the state Supreme Court.
Maddox had said he hoped to rule by June 1 and that if he did not rule by then, he might get busy with other cases, which could cause a delay.
"We haven't heard anything, so I assume he's taking his time and thinking about it and reflecting on everything," said Trent Kernodle, attorney for the town.
The town of James Island was incorporated for the third time in 2006. Two previous incorporations were struck down by the courts, following challenges from the city.
The city and the town each control parts of James Island.
The town has more than 20,000 residents and was formed from the parts of James Island 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 rest of James Island, with about 16,000 residents, is part of the city of Charleston.
Town supporters think that incorporating gives them more direct control of their affairs, compared with being governed by the county. Also, the formation of a town prevented Charleston from annexing more land on James Island.
City supporters say the town represents a wasteful, extra layer of government, which can only exist because it relies upon the county to continue providing services such as police protection.
The legal issue centers upon the constitutionality of state laws that allowed the town to incorporate for a third time and technical issues related to the town's incorporation papers and petitions.
As the court considers the legality of the incorporation, the town is coming up on a municipal election Aug. 5, where the mayor and all four members of Town Council are seeking re-election.
There are no other candidates on the ballot, and a court ruling would not effect the election.
"If it's not decided by then (the election), then it will be on appeal," said Frances Cantwell, an attorney representing the city. "This issue will ultimately be decided by the Supreme Court."
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CharlestonJim (anonymous) says...
As someone who lives in the city of Charleston, I would rather not have my services diluted with James Island. Now, for someone who lives in James Island, even if they don't know it yet, should want to join the city. Once they are their own town, and start having to carry their own water with police, fire, etc protections, their taxes will explode. Of course, no one is telling them this now besides Joe, who has little credibility. But it is true. The county will not be along to clean up and protect them. They will be on their own, but with much of the tax base already in the city of Charleston. Good luck....
Would I want someone stopping me and my free will to make my own town? No. Does that mean I am correct in my desires? No. Right now, James Island is winning. They get cheap services from the county and have plenty of advantages from Charleston without having to pay for it. So what do they want? To change things so a few more people can be elected to office and we have more politicans and government employees. Brillant!!!
The entire exercise is not relevant anyway, as the courts have time after time said "no". The state changes a law and the courts still say "no". So much time and money ahs been wasted. What could have been done with this money?
July 7, 2008 at 2:06 a.m. ( permalink | suggest removal )
lou9 (anonymous) says...
Yes, so much time and money has been wasted on this issue - most of it by Lord Riley spending the tax money of the citizens of Charleston in his quest to own the rest of James Island. The people who do not want to be part of the city of Charleston did this only as a last resort to keep him from taxing them to pay for his downtown projects and gentrification of the city. Riley has shown nothing but contempt for the citizens of Charleston with his wasteful spending of tax dollars. Your drainage problem that has existed for decades is still there. Your crumbling sidewalks are still there. The marina still has problems. Crime is getting worse. And how many millions or taxpayer dollars were spent to buy the Sofa Superstore site? Yeah, why wouldn't someone living on James Island want some of that?
July 7, 2008 at 7:46 a.m. ( permalink | suggest removal )
a_set_love (anonymous) says...
CharlestonJim, the only thing stopping you in the City of Charleston from receiving the police service from the county, that you already pay for is your arrogant, stupid little mayor.
As he tries to pretend with the fire department, "we have the best in the country, we don't need help from anyone."
July 7, 2008 at 7:48 a.m. ( permalink | suggest removal )
common_sense (anonymous) says...
James Islanders should be allowed to determine the direction in which to take their area (to incorporate or not).
I wish Charleston would annex N. Chuck.
I'm just sayin...
July 7, 2008 at 8:30 a.m. ( permalink | suggest removal )
ysillyme (anonymous) says...
When I used to read about this issue back home in N.C. I never could understand why a town who didn't want to be annexed should be forced to. I think the mayor is lip deep in greed and power which fuels his quest, JMO
July 7, 2008 at 8:38 a.m. ( permalink | suggest removal )
shoelaces (anonymous) says...
Li'l Joe won't be happy until he annexes Georgia and North Carolina into Charleston.
July 7, 2008 at 9:10 a.m. ( permalink | suggest removal )
PalmettoHawk (anonymous) says...
The first thing that crosses my mind every time I read about the two previous (and failed) attempts at incorporating the Town of James Island is why in the world the "powers that be" for James Island can't hire more competent legal services so that they keep getting overturned in the courts?
Are the laws written so poorly? Is the legal counsel inept? And I don't understand why it should be legal for the City of Charleston to "annex" parts of James Island leaving other area surrounding to remain in either unincorporated areas or within the corporate limit lines of James Island?
And yes, this truly smacks of being an ego out of control at the head of the City of Charleston. And this is a big surprise, why?
If I were running opposite of Joe Riley (if he seeks re-election) in the next go 'round I would certainly make that a point of my campaign...wasted tax dollars to what end?
July 7, 2008 at 9:39 a.m. ( permalink | suggest removal )
Confuzzled (anonymous) says...
I wish Joe Riley would leave James Island alone. The James Island Connector was supposed to alleviate alot of traffic problems on the island but due to all the condos going up - as well as other building projects - the traffic on the island is unreal. Harborview Road still backs up during rush hour traffic as does Folly Road. Alot of people on the island, including myself, agree that there is no room for expansion. If Riley had it his way, there would be no marsh left for our natural habitat ! IMO, its alot of political propaganda going on. Riley needs to concentrate on the City of Charleston and clean up areas that are being hit hard by crime. But noooooo .... this power hungry fool is not concerned with the residents of James Island and the loss of that 'small town' feeling that residents once had. Riley, shame on you !
July 7, 2008 at 9:53 a.m. ( permalink | suggest removal )
ysillyme (anonymous) says...
A long time elected mayor trying to leave a legacy, other than SSS, no mystery there. The 2 most common names for babies of older parents---Viagra and Cialis, no mystery there. What voter base kept electing this mayor?
July 7, 2008 at 10:21 a.m. ( permalink | suggest removal )
beth1070 (anonymous) says...
The whole thing boils down to greed. James Island provides an enormous amount of revenue for the city of Charleston to squander away. Without that revenue, there are a whole lot of pockets that will not have that cushy lining that they currently have. Leave James Island alone! Don't make us "fire on Ft Sumter" all over again.
July 7, 2008 at 10:51 a.m. ( permalink | suggest removal )
ln1959 (anonymous) says...
The citizens of James Island is tried of all the building thats going on. Just leave us alone. When I worked at the College of Charleston, I could travel from Grimball Rd to Downtown Charleston in 15 minutes, now it takes about 45. To many people living on the island now. There going to build a new resort of off Grimball Rd extension, so now here goes the property taxes, and how are they going to handle the traffic. Joe leave James Island alone.
CharlestonJim,
The taxes on James Island has already jumped by 30%. I know, cause I pay the taxes my grand mother taxes every year and it went from 500 a year to 980 a year to make sure we don't lose the family land. Now that was a big surprise. Good thing I could afford it. I am sure if Joe gets his hands on it, the taxes will go up, especially if it becomes a resort Island, like there trying turn it into.
July 7, 2008 at 11:05 a.m. ( permalink | suggest removal )
STREETLAW (anonymous) says...
Take a look at where South Carolina ranks from the standpoint of education and mental illness and you can begin to understand the mindset of its intellectual infrastructure. And that includes its educators, attorneys, Judges, politicians, and other professionals unless they came here from somewhere else.
Even they you might have to wonder why they would ever want to come here from somewhere else.
The citizens of the Town of James Island are being taken for a ride by a group of opportunist who have a hidden agenda that revolves around self serving political patronage. They beguile their drinking buddies and selected special interest groups into believing it is all about fighting Riley and the City of Charleston. And perhaps that is a part of it.
But all the while they are feathering their own nest and laying plans for a Queendom by the Sea that will no more represent a democracy than does anything Charleston has to offer.
South Carolina is poor in natural resources, industry and most other ways to make a decent salary. Politics, jobs at some level of government, and jobs in quasi monopolistic and non-competitive businesses are about the only chance many have to rise beyond their level of incompetence. That many of them lie, steal and cheat to do a little better is no surprise.
In a previous version of TOJI, I seem to remember Mayor Clark and Attorney Kernodle had a difference of opinion about $40,000 the town was supposed to owe Kernodle. The old he said, she said routine. Somebody either lied or there was a grave misunderstanding between two people who should have known better. Now they both work for the Town of James Island. I'm sure the Attorney is recouping his losses and Mayor Clark is in line to make $30,000+ a year, far more than other municipalities of similar size in South Carolina, given the number of employee who work for the town.
Is Riley wrong in trying to acquired a larger tax base to pay for his failed bureaucracy? I think not. Are the minions of the Town of James Island wrong to try and get something for nothing, or next to nothing. Well, maybe not if they can get away with it.
Do the citizens of either town have any real say in this tawdry turf war? About as much as the citizens of Poland had to say about Germany and Hitler. In effect, both municipalities are willing to stomp on the rights of the individual to pursue their own selfish interest.
July 7, 2008 at 12:49 p.m. ( permalink | suggest removal )
a_set_love (anonymous) says...
Common_Sense, at the rate the City of Charleston is being run and the millions that Mr. Riley is wasting it won't be long before the City of Charleston falls into the City of North Charleston.
God help the City of North Charleston when it happens.
July 7, 2008 at 1:02 p.m. ( permalink | suggest removal )
Eye_on_You (anonymous) says...
PalmettoHawk,
You should run for Mayor, the least amount of votes you could get is "1", yours.
July 7, 2008 at 7:03 p.m. ( permalink | suggest removal )
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