BEAUFORT -- Beaufort County officials
and an area conservation group have moved closer to appealing a Circuit
Court judge's ruling allowing a new north-area high school to be built.
The Coastal Conservation League, a Charleston-based nonprofit
environmental group, filed an intent to appeal the ruling in the state
Appellate Court on Wednesday. County Council Chairman Weston Newton also
informed council members Wednesday night that county officials will file a
notice of intent to appeal today, one day before the deadline to file the
notice, which reserves a right to appeal.
Voters approved a north-area high
school in a 2000 bond referendum. But the school remains unbuilt due to
battles over student population numbers, the threat of development in the
rural Dale area, lack of opportunities for students and the proposed
school site's proximity to a chemical plant.
Last month, Judge Jackson V. Gregory overturned a county zoning board's
October rejection of the school district's request to build the school on
Keans Neck Road in the Dale Community Preservation District.
The conservation group filed a petition to intervene in the May 5
Circuit Court hearing. Gregory denied the petition, which the group also
is appealing.
The Circuit Court's written order ignored most of the zoning board's
arguments against the school, said Jacki Martin, a staffer for the
league's Charleston office and the former director of its Beaufort branch.
Martin said the judge's reasoning contradicts the standard of review,
especially concerning the school's compliance with the county's
comprehensive plan and the public health issues related to the school's
proximity to a chemical plant.
Furthermore, the argument that the zoning board misidentified the
property containing the proposed school site is untrue according to
records, she said.
"If the Coastal Conservation League has a legal leg to stand on, I'm
sure the court will give them a fair hearing," said John Williams, the
district's assistant superintendent for information services and
operations.
Whether the county will appeal the decision remains to be seen, but it
is reserving the right to appeal should the full council vote to do so.
The council probably will discuss whether to appeal in a closed session
after its regular meeting on Monday, county administrator Gary Kubic said.
The Beaufort County Board of Education is expected to vote Tuesday on
how to proceed with plans for the school. Its planning consultant has
reported declining student population numbers for the area from which the
school's students would come.