James Island Prevails in fight with city...for now

The town of James Island has prevailed in the latest round of its ongoing fight with the city of Charleston over its incorporation.

But the fight isn’t over. The city plans to appeal the decision to the state Supreme Court, Mayor Joe Riley said in a statement.

S.C. Circuit Court Judge Cordell Maddox Jr. ruled this month that the town’s third attempt to become a municipality complied with state laws. The ruling also said state incorporation laws passed in 2005, which gave the supporters of the town a third shot at incorporating, are constitutional.

“We are, of course, disappointed but believe that our positions are correct and therefore hope that we will prevail before the Supreme Court of the state of South Carolina,” Riley said in the statement.

Town officials could not be reached for comment early Thursday.

The city of Charleston had filed the lawsuit in 2006, and the judge heard arguments from city and town officials in the spring.

The town’s first and second efforts to incorporate were struck down by the courts in 1996 and 2004. At issue in all three cases have been the methods the town used to establish contiguity between parcels included within its borders. Parcels within a municipality must be contiguous.

The city of Charleston argued in the latest lawsuit that the 2005 state laws governing incorporation were unconstitutional as written and that the town’s delineation of its borders in the incorporation petition did not comply with state laws.

The city also challenged the contiguity of parcels in the town and the public status of some roads used to connect parcels.

Behind the lengthy legal fight is a battle over properties on James Island. The city of Charleston has annexed many parcels on the island, and the town’s incorporation blocks the city from bringing in more.

The town of James Island provides limited services to its businesses and residents. Many services are provided by the same entities now as they were before the town was formed. Those include the James Island Public Service District and Charleston County.