James Island: third time’s the charm

By Tara Lynn
Reporter
Published: November 19, 2008

It’s official Parts of James Island are officially a town!

A judge ruled in a lawsuit today between residents who wanted to break away from the city of Charleston and the city.

The town has tried to break away twice before but were unsuccessful.  The group’s last attempt was in 2006.  They filed the paperwork and have acted as a town since, while fighting the city in a lawsuit.  The city charged that the town didn’t file their paperwork properly. 

The case finally went before a judge last spring and the judge ruled Wednesday in favor of the town of James Island.

The town makes up more than half of the islands residents.

Town mayor Mary Clark says she’s ready to keep fighting for the town after hearing the city plans to appeal to the state Supreme Court.

Charleston Mayor Joe Riley released this statement about the decision Wednesday evening:

“ We have just received a copy of the order of Judge J. Cordell Maddox, Jr. in the Town of James Island lawsuit.  Judge Maddox has ruled in favor of the Town.  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.

In 2006, the City of Charleston initiated a lawsuit challenging the incorporation of the Town of James Island and challenging the constitutionality of a new law which allowed disconnected portions of territory to connect to form new towns across existing municipalities. 

This decision does not change the status of any property in the City of Charleston on James Island.

Tim Domin and Frances Cantwell did an excellent job in presenting our case.  There are important issues at stake and they will not be resolved until the Supreme Court issues a decision.”