Town of James Island Declared Invalid

CHARLESTON, SC – June 20, 2011 – As a result of the legal challenge filed by several Town of James Island residents and property owners and the City of Charleston, the South Carolina Supreme Court issued a unanimous opinion today invalidating the most recent incorporation of the Town of James Island.  The current Town of James Island will be dissolved.

The Court declared that the town should be dissolved for 2 reasons: first, the Court determined that the required petition the Town submitted to the State of South Carolina for incorporation had substantial defects and did not comply with state law.

Secondly, the Court found that the way that the Town applied the newest incorporation law, passed by the Legislature in 2005 in part to allow James Island to incorporate, was flawed. The Town had used a new definition of contiguity in an attempt to connect areas of property that were separated by areas already annexed into the City of Charleston.  Areas to be incorporated must be contiguous to one another in order to form a new a town.  The Supreme Court ruled that the Town’s definition of contiguity, as applied in their petition, was unconstitutional.

Charleston Mayor Joseph P. Riley Jr., said “The decision by the South Carolina Supreme Court confirms the City of Charleston’s belief that the most recent incorporation of the Town of James Island was illegal.  I had confidence that the City’s position would ultimately prevail, and it has.  The decision reinforces what all of us know and believe to be an unalterable truth, that we are a nation founded on law.”

Mayor Riley added, “Mayor Woolsey and the councilmembers of the Town of James Island will have the full cooperation of the City in effecting a smooth dissolution, as has been done in the past. For James Island residents who are contiguous to the City and who wish to join the 17,847 James Islanders who are already in the City of Charleston, you are welcomed and encouraged to file an annexation petition.  I believe you will find our tax rates and full array of quality services a good bargain.  For example, our police department, the largest in the State of South Carolina, has been able to produce a 53% decrease in crime in the last three years.  And of course, the City’s Recreation Department, consistently recognized as a statewide leader, has for many years been serving the youth of James Island.  For James Island residents who do not wish to become part of the City, the City looks forward to working with the James Island Public Service District so that all of James Island is well-served.”

The process of dissolving the town will likely take several months to accomplish. However, residents in the Town are now free to apply to the City of Charleston for annexation. If their property is contiguous to a property already in the City, residents can proceed immediately with annexation. Information can be found at http://www.charleston-sc.gov/annexation.