Judge backs Johns Island waterline

Ruling may open door to thousands of new residents  A circuit judge has ruled in favor of a proposed waterline across Johns Island, a project that is expected to spur construction of thousands of homes and serve commercial development near the resorts of Kiawah and Seabrook islands. The ruling by Judge Markley Dennis overturns a decision by a county planning board, which two months ago rejected a permit for construction of the proposed 11-mile, $9.7-million waterline along River Road to near the entrance of the beach resorts. "We're pleased with the decision," Gaines Smith, an attorney who represented St. John's Water Co., said Monday. If not appealed, the ruling will allow construction to proceed on four or five subdivisions planned to contain up to 4,000 homes, he said. Before, construction had been held up by the Charleston County Board of Zoning Appeals' 6-3 decision to deny a permit needed for the waterline, which the Johns Island utility says is desperately needed as a backup water supply and to serve future development. But at a public hearing, dozens of Johns Islanders protested, saying the waterline would lead to more development at the south end of the island. "I think its sucks," Johns Island farmer Thomas Legare said of Dennis' ruling. "It's obvious he doesn't know the public's feeling over here to slow development." The decision is a huge victory for the water utility and development interests at Kiawah and Seabrook islands and a blow to Charleston County planners and environmentalists. It's unclear whether the county will appeal. County Council Chairman Tim Scott said he is not sure on what legal basis the county can. "Unfortunately the judge doesn't rule on public opinion," Scott said. The federal or state government, not the zoning board, may be the appropriate authority to decide the expansion of infrastructure that can lead to more development, Scott also said. If the county does not appeal, the court ruling damages the credibility of the county planning staff and the zoning appeals board, said John Hope, chairman of the appeals board. The planning staff recommended against the waterline, saying it does not comply with long-range plans that seek to curb development and preserve the rural character of Johns Island. In rejecting the waterline, the zoning board relied heavily on the staff recommendation and public sentiment against the waterline. "It's a slap in the face to the planning staff and to the zoning board. We have been ruled ineffective by a judge from another county," Hope said. Dennis is from Moncks Corner in Berkeley County. Smith disagreed with Hope's assessment. At the hearing last week, Dennis rightly recognized that the staff's position was based on opinion and that no evidence was presented to bolster its claim that the waterline is inconsistent with long-range plans, he said. The water utility presented plenty of evidence on how desperately the waterline is needed, including advisories to boil water when the existing waterline on Johns Island was damaged, Smith said. The county has already approved several subdivisions on Johns Island under the long-range plan. Without the waterline, construction has been held up, he said. Utility officials have also said that state health authorities may halt new construction next year on Seabrook Island unless the waterline is built. A new shopping center being built at the entrance to Kiawah Island, which will be the largest on Johns Island, would also be served by the waterline. The private St. John's water utility was joined by several developers and other parties on Johns, Kiawah and Seabrook islands in challenging the zoning board's decision. They include Kiawah Development Partners Inc.; Kiawah Land Development; Kiawah Resort Associates; KRA Development; Atlantic Partners; Briar's Creek Golf; St. John's Community Golf Course; the Seabrook Island Property Owners Association; and the Seabrook Island Utility Commission. The S.C. Coastal Conservation League, an environmental group, joined the county in defending its decision. League spokeswoman Megan Terebus said a decision has not been made on whether to appeal. The judge's decision, however, suggests that the public's voice will be ignored in future zoning decisions, she said. "Why even bother having a public hearing?" she asked.

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