SULLIVAN’S ISLAND — A circuit court judge has rejected a request by the town to dismiss a suit brought by three island residents related to plans for a new elementary school, attorneys involved in the case said Tuesday.
“Judge Markley Dennis did deny the Town’s motion and has ruled that the case can go forward,” plaintiff’s attorney Rutledge Young said in an e-mail.
At issue is whether the town must have a referendum because of a petition that seeks to override Town Council’s decision to exempt the new island elementary school from the architectural review process, according to court filings by the plaintiff.
Trenholm Walker, attorney for the town, said there is no practical effect to the ruling other than the court declined to throw out the case at the starting line.
“The town remains confident based on settled principles of law that it is not required to conduct a referendum under these circumstances,” Walker said in an e-mail.
Dennis’ decision was made on Feb. 14, according to court filings.