Charleston sues over James Island incorporation

Once again Charleston is suing a newly formed town of James Island. Charleston says that a law the General Assembly passed is unconstitutional and, therefore, James Island can't incorporate.

The law allows areas to incorporate, even if they are connected only by public land.

The Post and Courier writes:
The city and four residents are suing the town, its mayor and council members, saying the law is "unlawful, arbitrary and irrational," which would make it unconstitutional, according to the lawsuit.


Another part of the city's lawsuit claims the town had a host of errors when it submitted its incorporation paperwork to the state, including errors in the boundaries of the town and the properties that were to be part of the town.

This is the third time James Island has tried to incoporate. Previous attempts were made in 1993 and 2002.

Filed in