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James Island Returns to Court
Written by BY JENNY PETERSON, The Post and Courier   
Town’s incorporation at issue for 3rd time
A long‑standing fight between the city of Charleston and the town of James Is­land over the town’s incorporation will be heard today in circuit court.
At issue is whether a law passed by the General Assembly that allowed James Island to incorporate is constitutional or not. If the city wins, the town could be dissolved by the courts, as it has been twice before. The law allows towns to be formed from properties that are not physically connected, using publicly owned land including roads, parks and schools to connect them. This law was necessary to create the town of James Island.
Trent Kernodle, lead attorney for James Island, said it would have been difficult for James Island to incorporate in the traditional sense because the city of Charleston has annexed several large swaths of land in James Is­land, “disconnecting” some parts from others.
The city and four residents are suing the town, its mayor and council members, saying the law is “unlawful, arbitrary and irra­tional” which would make it un­constitutional, according to the lawsuit.
Attorneys for the city are not allowed to comment on court cases on the docket, said Barbara Vaughn, public information offi­cer for Charleston.
Another part of the city’s lawsuit claims the town had a host of errors when it submitted its incor­poration paperwork to the state, including errors in the boundaries of the town and the properties that were to be part of the town.
According to the lawsuit, the town’s incorrect paperwork and incomplete list of properties also made the results of a 2006 referen­dum about forming a town invalid. The majority of residents voted in favor of incorporation.
This is the third time the town has incorporated. The first two towns, in 1992 and 2002, were dissolved by the courts after Charleston filed lawsuits. Kernodle defended James Island in both cases.
In 2002, the town tried to incor­porate under a law that allowed waterways and marshes to be used to connect properties. The court declared that law unconsti­tutional.
Whoever loses this lawsuit is ex­pected to appeal.