Water company files lawsuit against leading opponents of line

The St. John's Water Co. is suing leaders of a petition drive that sought a public vote on the utility's proposed 30-inch waterline, a line the leaders say is too big. The lawsuit, filed this week in Charleston County's Court of Common Pleas, is seeking an injunction to stop a vote of the company's membership on the waterline. Island residents handed in the necessary number of petitions, and the utility's bylaws require a public meeting and a vote to be scheduled within 45 days. Those fighting the controversial waterline, which has spawned three lawsuits, were outraged with the utility's move. Defendant Thomas Legare, a Johns Island farmer, said he's furious. "We're fighting in Iraq and Afghanistan, fighting for those people's freedom and democracy. Here on Johns Island, the water company is trying to take away democracy from the people," Legare said. "It's a slap in the face to the people of Johns Island. It's a slap in the face of the state Legislature who wrote that law. It just shows their arrogance." Megan Terebus of the Coastal Conservation League, an environmental group helping waterline opponents, said the utility has resorted to bullying. "I think it's despicable," she said. Sam Brownlee, who also was named as a defendant along with Legare, Julia Grant and Cindy Floyd, said the lawsuit is a debacle for the utility. "In their office, they have a sign up on the wall that says 'Justice for All.' That's seems to be a bit of hypocrisy, trying to keep the members from exercising their fundamental right," Brownlee said. The lawsuit alleges that complying with the members' request for a vote on the waterline could force St. John's Water Co. to breach its contracts with the Seabrook Island and Kiawah Island utility commissions. Those commissions also are named as defendants. Guy Buckner, St. John's board chairman, said earlier this year that the utility is prepared to call a meeting once enough signatures are turned in. Buckner could not be reached for comment. The lawsuit includes an affidavit from Colleen Schild, an engineering consultant for St. John's. She said the dispute jeopardizes the utility's ability to provide water for fire protection, to meet its contractual obligations with other utilities and to sustain enough pressure to maintain safe drinking water. "There is an urgent and immediate need for a new waterline," she said. Opponents said the utility could begin building soon if it would agree to scale the line down to a 24-inch line. They have said the extra size would only serve to fuel new development on Johns and Wadmalaw islands. Opponents said Thursday the utility's lawsuit, and reluctance to call a public vote, shows the tide is turning in their favor. "I think they're just getting so desperate," Legare said. "They realize if it comes to a vote, they're going to get beat. I think it's going to backfire on them." Brownlee, Grant and Legare recently sued the water company for violating the S.C. Freedom of Information Act. A Charleston County zoning board originally rejected the line, but a judge overruled the board's decision. Both the Coastal Conservation League and water company are fighting over that ruling. The South Carolina Court of Appeals will hear arguments in that case in two months. Circuit Court Judge Thomas Hughston is scheduled to consider the request for an injunction July 25. The 30-year-old water company wants to build a 30-inch waterline along a 12-mile route from James Island, across the Stono River and along River Road. The line would cost about $10 million, $7.1 million of which would come from a federal loan. The average customer would pay about $1.50 more a month.

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