With one short sentence, the South Carolina
Supreme Court cleared the way Thursday for Charleston County to raise its
sales tax by a half percent May 1 to pay for new roads and parks and to
resuscitate its bus system.
In making its decision, the court refused to hear an appeal by newly
elected Charleston County Councilman Joey Douan, the tax's most persistent
and vocal critic.
County voters rejected the tax in 2000, but when it passed by a narrow
margin in 2002, Douan began his fight. The Supreme Court sided with him in
2003, citing flaws with the ballot language that forced a new referendum.
That referendum was held in November, and 59 percent of county voters
approved the tax increase.
Many said that strong support would make the court hesitant to hear
another appeal from Douan.
The county had corrected the biased ballot language the court cited in
tossing out the 2002 referendum.
"It looks like we're on go," County Administrator Roland Windham said
Thursday.
"This is wonderful news," said Charleston Mayor Joe Riley. "The
overwhelming vote of our citizens has been affirmed. We were confident
that the question was worded correctly and that this lawsuit was a waste
of time. Clearly, the S.C. Supreme Court recognized that and acted
decisively."
County Council Chairman Leon Stavrinakis said he'd been certain the
court would reject Douan's challenge.
"This means unequivocally that the county's ballot was legal and the
question was presented properly," he said. "It's great. It means we don't
have this cloud anymore."
Just as in 2002, Douan protested the vote before the county and state
election commissions. This time, however, both unanimously upheld the
result, and the Supreme Court refused to reconsider those decisions.
Douan said he had not had a chance to speak to his attorney Tommy
Goldstein and was unaware of what options, if any, he still might have to
fight the tax.
"I have been told that the Supreme Court refused to hear it, but I
haven't been notified," Douan said.
Douan claimed the county violated state law because voters weren't
given a chance to vote separately on roads, public transit and open space.
He also maintained that open space wasn't a proper use of the money. For
months before the vote, he tried to convince the county to change the
wording.
Douan filed a separate civil lawsuit in Charleston County Court of
Common Pleas, but there's been little action in that case.
On Monday, Douan will be involved in a different election protest as
Democrat Colleen Condon asks the county's Board of Elections and Voter
Registration to set aside the results of the Jan. 11 special election in
which he beat her by 18 votes.
The county's sales tax is set to rise from 6 percent to 6.5 percent on
May 1. The tax will remain in effect for 25 years or until it raises $1.3
billion, whichever comes first. Most of the money will pay for new roads,
including $72 million still owed on the new Cooper River bridge.
The court's decision might be sweetest to the Charleston Area Regional
Transportation Authority, which would have run out of money this year
without the tax.
CARTA had slashed its service by 75 percent, halting all service on
weekends and holidays, because the 2002 sales tax was thrown out.
The bus system plans to gear back up with expanded service on July 1,
but the longer Douan's appeal lingered, the more uncertain that timetable
was.
This summer, CARTA plans to add express routes, neighborhood routes and
park-and-ride lots. It will restore service to Mount Pleasant and James
Island and put the DASH trolleys back on the road in downtown Charleston.
CARTA's expansion will be a boon to residents with disabilities who
rely on its Tel-A-Ride service to get around town. That service also was
slashed.
By law, 83 percent of the sales tax is scheduled to be spent on roads,
bridges, drainage and public transportation, while the rest will be spent
on open space, a vague term that ranges from city parks to regional parks
to even buying development rights to protect rural lands.
The new tax money also will make this a more interesting year for
County Council, which ultimately will decide how it's spent.
Council is expected to appoint separate citizens committees to make
recommendations about how the road and open space money should be spent.
It is seeking consultants to help prioritize both road and open space
needs.
Only a handful of road projects are pinned down.
When approving the half-cent tax, voters also agreed to let the county
issue about $77 million in bonds to help fund improvements to Johnnie
Dodds Boulevard in Mount Pleasant, a new traffic circle at Glenn McConnell
Parkway and Bees Ferry Road, three James Island projects, a new ramp at
Savannah Highway and the Highway 61 connector and a new road connecting
Ashley Phosphate Road and Palmetto Parkway in North Charleston.