County continues
casino-boat fight Georgetown to file
new motion after gambling-operation order By Kelly Marshall The Sun News
'The entire 45 counties have an
interest in home rule. We need to get an answer to that and seek the
assistance of other counties to help us.' Jerry Oakley | Georgetown County
councilman
GEORGETOWN - Georgetown County plans to
ask a circuit judge by next week to reconsider his decision allowing
casino boats to operate in the county, which the county says holds
up any immediate plans gambling vessel operators have to set up shop
there.
County Attorney John "Mac" Tolar said he plans to file a motion
for reconsideration before circuit Judge Jackson Gregory.
The motion asks for a second opinion, Tolar said.
Gregory signed an order this week telling the county to not stop
the boats from operating because the state allows them.
But the county is taking other steps to stop gambling
vessels.
"This motion automatically stays the order the judge acted on,"
Tolar said. "It puts everything on hold."
The county was relying on the strength of home rule to ban the
boats from Georgetown County.
Home rule, which has been in place since 1976, allows the county
to make its own laws when the state refuses to act on an issue.
Greenville businessman Wallace Cheves, president of Palmetto
Princess LLC, challenged the county's use of home rule to keep the
businesses out of the county.
Cheves filed a lawsuit against Georgetown County last year, after
he said the county's ban on casino boats was unconstitutional.
Georgetown County outlawed the boats in February 2002 after it
received a proposal from Dinner Cruises LLC to dock a casino boat in
Murrells Inlet.
The boat later moved to Little River.
Gregory's order said only the state can ban casino boats.
He said the county's ordinance was "inconsistent with the
constitution and general law of the state."
Gregory's decision to allow the casino boats could undermine the
use of home rule in other counties, said Georgetown County
Councilman Jerry Oakley.
Other coastal counties could be asked to join in an eventual
appeal, he said.
"The entire 45 counties have an interest in home rule," Oakley
said. "We need to get an answer to that and seek the assistance of
other counties to help us."
Meanwhile, the Georgetown County Planning Commission is working
on zoning regulations regarding casino boats, Tolar said.
The county passed first reading on an amendment to the zoning
regulations and enacted a pending ordinance doctrine, which puts
proposed zoning regulations in place before they pass three
readings.
The Planning Commission will hold a workshop Monday to discuss
the new regulations. A public hearing will be held Oct. 21 to allow
more public input.
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