The difference in a single day could be a deciding factor in the Watson
Hill legal dispute between North Charleston and Summerville.
Within a day of each other last summer, both municipalities moved to
annex bundles of property in the historic plantation district in
Dorchester County: Summerville to block access to the 6,647-acre Watson
Hill tract across Highway 61, and North Charleston to move its boundaries
across the Ashley River and incorporate the tract along with others into
the city.
The result was a volley of lawsuits, and a circuit court judge must now
decide which municipality has the first legal claim to the largely
undeveloped area.
Today, North Charleston officials will ask Judge James Williams Jr. to
decide one issue in the ongoing case - whether Summerville followed the
law that requires municipalities to give citizens 30 days notice about a
public hearing for annexation.
Summerville published an announcement of its hearing in The Post and
Courier on April 28 and held the public hearing for annexation on May 27.
That's 29 calendar days later, but 30 if the day of publication is
counted. North Charleston published its notice of annexation on April 29
and held its annexation meeting on May 31.
"The question is, under the law, how do you count the dates?" North
Charleston Deputy City Attorney Derk Van Raalte said.
Neither city attorney will discuss his arguments, but the two men see
the significance of the judge's decision differently.
"Even if we didn't do exactly 30 days, it doesn't make any difference
anyhow. Everybody had notice," Summerville attorney Jack Scoville Jr.
said. "They knew about the hearing."
The judge might issue a written ruling in the case, attorneys said, but
whatever the decision, the case won't be finished. The two sides have
several other issues to argue before the judge, and additional hearings
have not been scheduled.
At the heart of the debate is which governing body should be able to
legislate services for the Watson Hill development, currently under the
jurisdiction of Dorchester County. Developers originally had plans for up
to 4,500 houses, condominiums and hotel rooms across the street from
historic Middleton Place.
The plan sparked a national outcry from those concerned about losing
the rural ambience around the historic plantations that help define
Charleston, as well as from those worried about putting too much traffic
on two-lane Highway 61, a state scenic highway.
North Charleston Mayor Keith Summey has said he would allow developers
to build about 4,050 homes if the land is annexed into the city.
In its arguments, North Charleston contends that it started its
annexation petition before Summerville and that Summerville began its
annexation effort only to block North Charleston from expanding across the
river. North Charleston also claims Summerville did not receive its
annexation petition before announcing its public hearing, and that the
petition was inaccurate in its description of the property.
Summerville has denied North Charleston's claims.
So far the property remains in limbo. Watson Hill investor and managing
partner Richard Lam gave the Dorchester County Planning Commission a
revised plan in June that calls for about 1,000 dwellings, with a mixture
of town houses, condominiums and single-family homes, including residences
that would be priced at more than $750,000 each.
Developers also hope to build a five-star hotel with as many as 200
rooms. But the council committee has put further discussion of the project
on hold pending the outcome of the annexation battle.
Reach Nadine Parks at 745-5863 or nparks@postandcourier.com.