A circuit court judge refused to reverse his decision to allow casino boats in Georgetown County, leaving the precedent-setting case possibly in the hands of the S.C. Supreme Court.

Judge Jackson Gregory issued a ruling last month, saying the county's ban on casino boats was unconstitutional.

Gregory refused to change his mind during a hearing Friday morning in which the county asked him to reconsider. The county has not decided whether to appeal Gregory's decision to a higher court, said Georgetown County Attorney John "Mac" Tolar.

Meanwhile, casino-boat owner Wallace Cheves said he had no plans to bring in a boat before Georgetown County Council takes a third vote Tuesday on a zoning ordinance that would block the boat from operating out of the Murrells Inlet marina, where Cheves has leased docking space.

"I've had a lease at Voyager's View for a year, so I hope I'm grandfathered in," Cheves said. "I think we're going to miss our Thanksgiving deadline, but I hope to be there before the end of the year."

If appealed, the case could become the first of its kind to go before the S.C. Supreme Court, said Charleston attorney Frances Cantwell, who is representing the county in the case.

The S.C. Supreme Court has never been asked to decide whether home rule can be used to ban casino boats, she said.

Georgetown County was the first in South Carolina to be sued over its use of the state statute to keep the boats out of local waters.

"Our position is that by home rule, we have the right to act," Cantwell said. "We think this is essentially a home rule case. I think the home rule side will prevail."

She also said an appeal by the county would put an "automatic stay" on casino-boat operations.

The Supreme Court most likely would take a year to 18 months to come to a decision if the case is appealed, she said.

The county was relying on the strength of home rule to uphold the local ban on gambling boats.

Home rule, which has been in place since 1976, allows the county to make its own laws when the state refuses to act.

Cheves, a Greenville businessman and president of Palmetto Princess LLC, filed a lawsuit against Georgetown County last year after he said the county's ban was unconstitutional.

Cheves' lawyer, Camden Lewis, cited the Johnson Act, a federal law, as the reason gambling boats should be allowed in Georgetown County.

The federal legislation, which was amended in the 1990s, said gambling is allowed in federal waters but that states can choose to outlaw the vessels.

The state has not outlawed casino boats, Lewis said.

But home rule says a county can act when the state remains silent, Cantwell said.

"It is obvious that the state must do it and it must be statewide," Lewis said. "A county can regulate gambling boats, but they can't make it criminal."

Cheves has said he will fight regulations that limit his hours of operation and requires casino boats to stay 1,000 feet away from churches, schools and day-care centers.