|
Judge’s decision first step in determining Watson Hill’s future
By Jessica Johnson
Contributing Writer
A Dorchester County judge’s ruling March 6 that Summerville’s attempt to annex land to halt construction of the Watson Hill development fell 12 hours short was only the first step in determining which community it may call home.
Both parties in the case, the city of North Charleston and the city of Summerville, were left wondering which direction the step went. Judge James Williams agreed to hear arguments pertaining to the number of days between Summerville’s published public notice and the public hearing held before annexing land contiguous to Watson Hill.
Summerville city officials, Williams said, gave a 29 day and 12 hour notice before the hearing. The statute says governments must give no less than 30 days notice.
North Charleston attorney Derk Van Raalte said the case has not developed enough to gauge Williams’ ruling.
“We’re pleased he sees the law and the facts the way we do, but he made it clear the impact would be sorted out on another day. We look forward to continuing,” Van Raalte said.
Summerville’s annexation coupled with an earlier annexation by Charleston effectively blocks North Charleston from reaching across the Ashley River and annexing the proposed Watson Hill development.
The parcel of land at the center of the lawsuit is referred to as the Barry Tract. Summerville annexed that parcel June 4, 2005. North Charleston annexed the Barry Tract and Watson Hill June 7, 2005.
However, the lawsuit filed by North Charleston against Summerville alleges the earlier annexation was illegal.
Summerville’s attorney, Jack Scoville Jr., said the city might appeal Williams’ decision after examining his written ruling.
“We don’t think it’s that big a deal,” Scoville said.
Summerville city officials published a public hearing notice on April 28 and held the hearing May 27. Scoville said Summerville city officials substantially complied with the statute regarding public notice.
“We don’t think the city of North Charleston even has the legal right to contest this. I think there are a lot of issues to be decided,” Scoville said.
Attorneys remain in the discovery process of the case.
The suit against Summerville also claims that the city ran a notice about the public hearing before receiving the required annexation petition and that Summerville failed to provide an adequate map and description of the land included in the proposed annexation.
The fight over the property began after South Carolina Property Holdings announced plans to develop the 6,600-acre tract into a resort community with thousands of homes. Developer Richard Lam purchased the property for $34 million in December 2004. Currently, the land is used for timber production.
At one time, Lam said he would build 4,500 units around a golf course and other amenities. The number of housing units has fluctuated since, and Lam said now he is unsure how many units would be included in the development.
Without the annexation into North Charleston, Watson Hill would fall under the jurisdiction of Dorchester County. Since Lam’s proposal, the Dorchester County Council discussed limiting construction in Watson Hill to one unit per eight acres. However, that proposal remains in committee.
In the meantime, the lawsuit between North Charleston and Summerville facilitates neighboring towns’ and residents’ efforts to block the Watson Hill development. Van Raalte said months will pass before the entire case could go to court.
Lam, who is based in New York, said he will hold off on constructing the resort community for now.
“I’m waiting to see where I am,” Lam said.
|
E-Mail This Article
Printer-Friendly Version