Posted on Fri, Oct. 08, 2004


County continues casino-boat fight
Georgetown to file new motion after gambling-operation order

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 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.


Contact KELLY MARSHALL at 520-0497 or kmarshall@thesunnews.com.




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