Judge says group must post bond

League dealt blow in waterline battle A local conservation group was ordered to post a $7.5 million bond last week after a judge ruled its legal appeal of the proposed Johns Island waterline could hinder the project's federal funds. Circuit Judge Markley Dennis ruled Friday that if the Coastal Conservation League doesn't post the bond, the St. Johns Water Co. can resume its project. At a cost of nearly $10 million, the 30-inch waterline would span 11 miles along River Road, serving Kiawah and Seabrook islands and the southern end of Johns Island. The project has been controversial since it was proposed about two years ago. Opponents say it would allow unwanted development on Johns Island, while supporters say it would help meet peak summer demands and increase water pressure in fire hydrants. League officials don't intend to post the bond and say the ruling will discourage average citizens from participating in the legal process. "We obviously cannot post a $7.5 million bond and have no intention of doing that," said Dana Beach, Coastal Conservation League director. The league is considering an appeal. After the county Board of Zoning Appeals rejected the waterline request twice last year, Dennis reversed the appeals board, reaffirmed his decision in November and let construction go ahead. The league challenged Dennis' ruling in an appeal in December. In January, the water company filed a motion against the league, seeking a $20 million bond that would ensure construction could move forward if the league's appeal was dismissed. The request was lowered to match the nearly $8 million in a Department of Agriculture loan, the money most at risk. The league's appeal halted the issue of county permits needed by Saturday to secure the loan. "It's a loss that we could not recoup if the appeal of the conservation league is dismissed," said Gaines Smith, the water company's attorney. "We were entitled to that bond." Beach said if a bond is imposed on a citizens group such as the league, it also could be imposed on an average citizen with a legal appeal. That could cause people to shy away from taking such legal action, Beach said. "It is unprecedented and damaging to the whole democratic process that a bond would be imposed on a citizens group," Beach said. The water company is seeking a deadline extension for the loan, a common practice with loan applications, said Jarvis Craven, rural development specialist with a Walterboro-based USDA office. He said the water company l needs to meet other requirements for a complete application, but it all hinges on obtaining a county permit. A decision on whether to grant the extension is expected next week.

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