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Jasper port case steams toward showdown in the courtroom

Promise of a compromise appears to be slowly dying

Published Wednesday, August 3rd, 2005

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A resolution of disagreements over who should build a $450 million cargo-container terminal in Jasper County is a step closer, and everyone awaits a Solomonic solution from the S.C. Supreme Court.

The State Ports Authority filed its final argument with the Supreme Court last week. The court expects to hear the case in September.

Jasper County leaders have fought for more than a decade to get to this point, but it is unfortunate that it has to be in the form of a resolution before the state's highest court. Jasper County pleaded with the Ports Authority to develop the port site, but it was ignored. The authority came to the table only after Jasper previously had slugged through court hearings to the Supreme Court, faced rejection and bounced back. The county has a viable plan with a premier port-developing company, and it has a contract. Now the Ports Authority finally wants to get involved.

The Ports Authority has been clear that it thinks it alone has exclusive rights to develop ports in South Carolina, but it has been slow to move. The court may side with the authority, but Jasper County officials think that the Home Rule Act of 1976 gives them authority to develop what it wants within in boundaries.

The Ports Authority has muscle to flex. It controls the fourth-largest cargo-container system in the nation through three state ports -- Charleston, Georgetown and Port Royal, which is to be sold.

Jasper has a slingshot full of ammunition, too. Attorneys cite Home Rule and the Revenue Bond Act as laws that give them authority.

A promising compromise may be out of the question as the Supreme Court hearing nears, but it still would be welcome. A compromise makes a lot more sense than a catfight among officials from Jasper County, the Ports Authority and other state offices. It doesn't make sense for people who want the same thing to fight each other when the battle with a competing state will be difficult enough.

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