James Island wins court case
The Post and Courier
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James Island, Charleston still await ruling on incorporation published 07/07/08
James Island decision now up to judge; Attorney confident island town will win its 3rd battle with city published 04/04/08
In a long-awaited ruling, a Circuit Court judge has upheld the Town of James Island's right to exist, rejecting a challenge from the City of Charleston aimed at forcing the town to once again be dissolved.
"I'm on cloud nine right now," said James Island Mayor Mary Clark. "This is a great day for America."
The city and the town have fought court battles each time the town was incorporated -- this is the third time -- and the city is expected to appeal the case to the South Carolina Supreme Court.
"Now, I guess we are on to Columbia," Clark said. "We're in a better state than we have been before."
In the previous court fights the city won at the lower court level.
“We always knew that this is a matter that would ultimately be decided by the South Carolina Supreme Court," said Charleston Mayor Joe Riley. "We believe that our positions are valid and the statutes are unconstitutional."
He said the city will appeal, as expected.
“Public policy is strongly in favor of preventing duplication of services, and supporting the orderly growth of existing cities," Riley said.
“Substantial portions of James Island are already in the city of Charleston, and the judge’s ruling does not change that."
The ruling by Circuit Court Judge J. Cordell Maddox Jr. was filed Nov. 7, but city and town officials just learned of it today.
“I’m just elated for our people, who have persevered and fought for so long for a town," Clark said.
The decision means the town will be able to keep operating as it has been, overseeing functions like code enforcement and zoning. Most basic government services in the town are provided by the separate James Island Public Service District, just as they were before the town was formed, and police protection continues to be provided by the Charleston County Sheriff.
The existence of the town allowed local residents to have their own elected government, and prevents Charleston from annexing properties within the area that was incorporated.
The previous two towns formed on James Island lasted about three years each before succumbing to Charleston's legal challenges.
The city was asking the courts to reverse the latest, 2006 incorporation of the town, whose residents are most James Islanders living in Charleston County outside the Charleston city line.
About 20,000 people on James Island are in the town, and about 18,000 are in the city.
Town supporters frequently accuse the city, and Mayor Joe Riley, of having territorial ambitions for James Island.
Charleston argued that the latest incorporation was, like the last one, unconstitutional because it relied upon state legislation tailored to the town's situation. The city also alleged the town's incorporation papers, a more than 500-page document, was full of errors.
The current town is 2 years old, but the legal fight dates back to at least 1992.
That's when pro-town forces first mustered enough votes to incorporate on James Island. The first town was dissolved in 1996, only to be incorporated anew in 2002 and dissolved by the courts in 2005.
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Comments
This article has 14 comment(s)
Posted by lighty on November 19, 2008 at 5:09 p.m. (Suggest removal)
YEP YEP YEP, KEEP SAYING NO TO JOE!!!!!!!
Posted by carolinapanther on November 19, 2008 at 5:51 p.m. (Suggest removal)
The so called town of James Island is a big joke. They dont even have police service, they rely on Chas County to bail them out on many issues. This so called town dont have any leadership, or even provide the services that a town should provide. The real losers in this case is the people that live in this so called town. They are the ones that are not getting the proper service that they deserve. They got brain washed into thinking that they dont need the City of Charleston, they will soon find out if they have not found out yet that they are getting screwed.
Posted by eatmorecollards on November 19, 2008 at 6:01 p.m. (Suggest removal)
I hope the SC Supreme Court does one of two things. Either overturn the City of Charleston's anexation and rule the whole of James Island is a town or rule the whole of James Island is in the city. Its unsafe to have it cut up the way it is.
Posted by Trapper81 on November 19, 2008 at 6:23 p.m. (Suggest removal)
Well, fellow James Islanders it looks like we will continue to get no public services or basic town amenities as we have not gotten any since this "town" was incorporated. For any of you who live on a dirt road, as many James Island residents do, you better set aside enough money to buy a new set of shocks every 6 months. Also, you better hope that you don't need an ambulance to pick you up, have a fire at your home, or get a delivery from UPS or FedEx... neither ambulances, fire trucks or delivery trucks can venture down the destroyed and neglected dirt roads found on James Island.
For whatever faults the City of Charleston may have, I will say this for it... when we were part of the City of Charleston, our dirt roads were in great shape and were graded on a regular basis. Now I am going to need to get dentures in the next few years because my teeth are going to be shaken out of my gums due to driving to and from home.
A question for the "Town" of James Island... where did all of our tax money go to? Were we James Islanders not promised that we "would get all of the property tax money that the City of Charleston had been taking back in our pockets because the "Town" believed that the people should not be taxed so much"? I don't know about anyone else, but I have not seen a dime of this tax money and I am not sure what the "Town" is spending all of our money on other than expensive legal battles. The money sure has not been spent on James Islanders.
Posted by wonderdog on November 19, 2008 at 8:24 p.m. (Suggest removal)
I asked an attorney and was informed that those of us who annexed into the City of Charleston (voluntarily, I add) cannot be forced to become part of the Town of James Island. I am happy with the services provided by the city, and though I am not a fan of Riley.......I'll just leave it at that.
Posted by a_set_love on November 19, 2008 at 9:29 p.m. (Suggest removal)
Posted by carolinapanther on November 19, 2008 at 5:51 p.m. (Suggest removal)
The so called town of James Island is a big joke. They dont even have police service, they rely on Chas County to bail them out on many issues. This so called town dont have any leadership, or even provide the services that a town should provide. The real losers in this case is the people that live in this so called town. They are the ones that are not getting the proper service that they deserve. They got brain washed into thinking that they dont need the City of Charleston, they will soon find out if they have not found out yet that they are getting screwed.
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Seems the city of Charleston residents are the ones getting screwed.
50+ million to stop flooding in the city of Charleston.... most spent south of broad, for the rich and famous.
The City of Charleston residents pay a minor fortune for Charleston and Berkley County Sheriffs Dept - police protection but the City wont allow them to work within city limits..... They have to make do with Charleston P.D.
High taxes are forcing good jobs to flee the city of Charleston.
I could go on and on.
Posted by a_set_love on November 19, 2008 at 9:39 p.m. (Suggest removal)
Trapper81 - For whatever faults the City of Charleston may have, I will say this for it... when we were part of the City of Charleston, our dirt roads were in great shape and were graded on a regular basis.
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If you were ever a part of the city of charleston, you still are. You are not being truthful with this pro joe riley post.
You're one of those Obamanites, aren't you.
Posted by carolinapanther on November 19, 2008 at 11:27 p.m. (Suggest removal)
Its not about Riley, its about receiving the service that the city offers. All these people who say they dont like Riley just proves that you were brain washed into joining the so called town of James Island. The city offers better police protection, public services, fire protection, and leadership that is working for the citizens and not just angry and bitter at Riley.
Posted by carolinapanther on November 19, 2008 at 11:37 p.m. (Suggest removal)
This not only affects the City of Charleston, but also North Charleston, Isle of Palms, Mount pleasant, etc. This fake town is taking county tax money away from the other municipalities that are doing it the right way, providing their own police department without begging for the county to bail them out.
Everyone in charleston county is getting screwed because a few people on james island dont like Riley. Real smart people.
Posted by carolinapanther on November 19, 2008 at 11:39 p.m. (Suggest removal)
During this hard economic time when every dollar helps, this so called town comes and wants a piece of the pie, causing every other city and town in Charleston county to suffer.
Posted by Akhenaton06 on November 20, 2008 at 12:24 a.m. (Suggest removal)
Municipal welfare at its finest.
Posted by bpwnz on November 20, 2008 at 12:57 a.m. (Suggest removal)
offtopic: a_set_love, you say you can go on, but is there anywhere online with verifiable information? I've heard lots of bad things said, but googling around trying to find some sort of anti-joe website or information was fruitless. All I founds was awards and praise. Worst thing I could find on the man is that my browser and google reports http://www.rileyformayor.com/ contains malware, and recommends I go elsewhere.
Posted by Trapper81 on November 20, 2008 at 6:57 a.m. (Suggest removal)
Trapper81 - For whatever faults the City of Charleston may have, I will say this for it... when we were part of the City of Charleston, our dirt roads were in great shape and were graded on a regular basis.
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If you were ever a part of the city of charleston, you still are. You are not being truthful with this pro joe riley post.
You're one of those Obamanites, aren't you.
a_set_love:
This is not a pro joe riley post... I am merely making a point. I am not a huge Riley fan, but I am most definitely not a huge Town of James Island fan. Would you be a huge James Island fan if you lived on a road with 2 foot deep potholes? This is not a rhetorical question... seriously, would you?
Dirt roads on James Island are neglected by the Town of James Island.
What does have to do with being "pro riley"? Am I pro riley because I expect an ambulance to be able to make it down my road in the event that I need one at my home? Am I pro riley because the Town has completely disregarded the roads that the City used to keep in great shape?
My post is not a political one... it is a real problem that many of us are facing here on James Island. Please elaborate on what we should do to fix this road problem on James Island a_set_love. You sound like a person with answers.
Posted by Trapper81 on November 20, 2008 at 7:06 a.m. (Suggest removal)
And just to make the record clear, since a_set_love has accused my post of being "pro-riley" and "untruthful" as we are still "part of the City of Charleston," actually we are not still part of the City. I do not even know what you mean by this. Some portions of James Island are still part of the City, some are not. My home is not. You are the one misleading everyone here.
Regardless of whether you are part of the City or part of the Town, Charleston County will no longer grade ANY OF THE ROADS ON JAMES ISLAND. This means NONE of the roads on the ENTIRE ISLAND, whether you are technically in the City or not. Charleston County decided on this on the day that the Town was incorporated and my dirt road has not been graded since. That was over a year ago. Do not mislead everyone here by throwing your politics into this thread when the problems we are facing are major and real ones.