GEORGETOWN - An appeal to the S.C. Supreme Court to reverse a circuit judge's decision allowing casino boats probably won't be heard for another year, keeping the boats away from Georgetown County until early 2006.

Georgetown County Council decided unanimously in November to appeal a judge's ruling allowing casino boats to operate in local waters.

A notice of appeal with the S.C. Supreme Court has been filed, Charleston attorney Frances Cantwell said.

The notice puts an automatic stay on casino boats until the issue is decided, possibly by next spring.

"We filed a notice of appeal and we have requested copies of a transcript of the hearing from Judge [Jackson] Gregory," Cantwell said. "We'll possibly be heard before the Supreme Court by next winter."

Each side has 30 days to submit briefs to the Supreme Court after the transcript is received, she said.

Greenville businessman Wallace Cheves wants to operate casino boat in Georgetown County.

Cheves, who filed the suit that resulted in Gregory's ruling, has a boat slip reserved in Murrells Inlet.

Georgetown County relied on home rule to stop casino boats because the state has not banned the vessels. Home rule, which has been in place since 1976, has been used in other counties to keep out hog farms and large billboards.

The Supreme Court has never been asked to decide whether home rule can ban casino boats.

The Johnson Act, a federal law, says the boats can operate three miles out, but states can establish other regulations to keep them out. So far, the S.C. General Assembly has not chosen to ban the boats.

If Georgetown County loses the appeal in the Supreme Court, the case will end, Cantwell said.

The case cannot go to the U.S. Supreme Court because it is an S.C. constitutional issue. "If the General Assembly outlaws casino boats, that would moot our appeal," Cantwell said. "It would be great if they would exercise the exemption under the Johnson Act."

County Attorney John "Mac" Tolar recommended an appeal of Gregory's decision, which overturned the county's two-year ban on casino boats.

The county already has taken other action to regulate casino boats.

The county passed an ordinance that keeps the boats 1,000 feet from churches, schools and day-care centers. Operating hours are limited, and the vessels cannot create excessive noise after 10 p.m.

Any other issues, including a possible lawsuit over the county's new ordinance on casino boats, would not be included in the current litigation, Cantwell said.

Cheves said the zoning ordinance passed in October is too restrictive and singles him out for special regulations.

"If he, or anyone else, if they think the zoning ordinance is invalid, they would have to file a separate lawsuit," Cantwell said. "Whether it is reasonable and rational, and I feel confident that it is."