Criminal Defense Lawyer in West Ashley, SC

WEST ASHLEY, S.C. (WCIV) — Efforts by the city of North Charleston to expand its boundaries further into West Ashley were rejected by the South Carolina Supreme Court.

In a case dating back to 2017, the city Charleston and the National Trust for Historic Preservation argued that North Charleston's attempt at annexing an acre of land on the opposite side of Highway 61 was illegitimate because the the action would skip over a strip of land owned by the National Trust for Historic Preservation and annexed into Charleston, creating a 100-foot-wide highway buffer that breaks contiguity with North Charleston.

READ MORE | "Turf war between Charleston, North Charleston continues over property in West Ashley."

The dispute began after the legal annexation of Runnymede Plantation, which touches a portion of the Ashley River, when North Charleston was also given the one-acre parcel opposite Highway 61.

On Jan. 21, the state Supreme Court overturned the South Carolina Court of Appeals' decision, which claimed Charleston and the National Trust didn't have standing to sue. The court stated that Charleston and the National Trust have grounds to challenge North Charleston's annexation, which did not comply with state law.

"Although we looked forward to allowing the property owners to join the city of North Charleston, we respect the Supreme Court’s ruling and will abide by its decision," North Charleston spokesperson Tony Tassarotti said.

North Charleston didn't provide details on any plans to attempt more land acquisitions in the area. At the time of the litigation, both cities were led by differing mayoral administrations. Additionally, the municipalities were locked into a turf war, with Charleston annexing the 2,500-acre property at the Whitfield tract – directly adjacent the one-acre parcel in question before the state Supreme Court.

READ MORE | "North Charleston attempting to annex portion of West Ashley."

Charleston also annexed a second property called Millbrook Plantation LLC., in a bid to prevent development if North Charleston were to obtain the land.

North Charleston also attempted to annex the Whitfield tract land, but without the one-acre parcel, it would not have been "contiguous" with the city.

In the Supreme Court's January decision, the court clarified that the one-acre parcel off Highway 61 was not adjacent to North Charleston, making the initial attempt at annexation invalid.

News 4 reached out to the city of Charleston for comment and is awaiting word back.

READ MORE | "Cities of N.Charleston and Charleston continue legal battle of annexed acre in West Ashley."

Supreme Court documents on the case can be read below.

This appeal arises from an action filed by the National Trust for Historic Preservation and the City of Charleston challenging the City of North Charleston's attempted annexation of real property near Highway 61 and the Ashley River. National Trust and Charleston appeal the court of appeals' decision affirming the circuit court's ruling that National Trust and Charleston lacked standing to challenge North Charleston's annexation. We find both National Trust and Charleston have standing and reverse the court of appeals. The court of appeals found it unnecessary to reach the substantive issues regarding the legality of the annexation, which issues were fully briefed at the court of appeals. We now certify those issues for our review pursuant to Rule 204(b), SCACR, dispense with further briefing, and affirm the circuit court's alternative ruling that North Charleston did not lawfully annex the property because the property is not "adjacent" to North Charleston's existing city limits.

NORTH CHARLESTON — Nearly a decade after North Charleston annexed a one-acre parcel west of the Ashley River that initiated a lengthy legal fight, the state Supreme Court on Jan. 21 ruled the annexation invalid.

The city of Charleston and the National Trust for Historic Preservation argued North Charleston’s “leap frog” annexation threatened to destroy the character and continuity of the rural Ashley River Historic District.

In 2023, the S.C. Court of Appeals sided with North Charleston and did not block the annexation.

The state Supreme Court came to a different conclusion. The court ruled Charleston and the National Trust have legal standing to challenge North Charleston that the annexation did not follow state law.

“This is a great outcome for the City of Charleston and the region,” Charleston Mayor William Cogswell said in a statement. “Having a large tract of land that is well outside the range of service annexed into a city is the opposite of a smart growth strategy, so to me this is a win-win.”

In a statement, North Charleston spokesman Tony Tassarotti said the city looked forward to allowing property owners to join the city through the annexation, but the city respects the court’s decision.

“We respect the Supreme Court’s ruling and will abide by its decision,” he said.

In 2017, North Charleston legally annexed a 113-acre tract called the Runnymede Plantation off S.C. Highway 61 owned by the Whitfield Construction Company. This annexation was valid because the property touches the Ashley River, making it contiguous to North Charleston.

State law says land contiguous to a municipality can be annexed.

The company then gave North Charleston an acre of land on the other side of the highway, which was part of a another 2,200-acre tract. The city of Charleston argued the one-acre annexation was not valid because it jumps over a strip of land that was owned by the National Trust for Historic Preservation and annexed into Charleston, making the parcel not contiguous to North Charleston due to the 100-foot-wide buffer running along the highway.

North Charleston justified the annexation with a state statute that says a city may annex land it already owns if it’s adjacent to the city limits, making the court determine if “adjacent” is different from “contiguous.”

Around the same time, both cities set their sights on claiming unincorporated Charleston County land located in the Ashley River Historic District.

Charleston annexed roughly 6,000 acres in the surrounding area, including the 2,200-acre Whitfield tract and a 30-acre property called Millbrook Plantation LLC. The city did not get permission from either property owner, but instead used the 75 percent rule, which allowed the city to take the properties without the owners’ approval if 75 percent of surrounding property owners with 75 percent of the total land value requested to join the city.

North Charleston struck back two days later with its own attempt to annex the Whitfield and Millbrook properties. North Charleston finished its annexation process before Charleston, despite starting a couple of days later.

Without the one-acre parcel, these properties would not be contiguous to North Charleston.

In 2023, the state appeals court’s ruling affirmed the 2019 decision by Circuit Judge Eugene Griffith Jr. that stated neither Charleston nor the National Trust had the legal right to challenge North Charleston’s annexation.

Chief Judge Bruce Williams called the legal battle no more than a “boundary dispute between two municipalities,” according to the 2023 decision.

Nearly three years later, the state Supreme Court reversed the Court of Appeals’ decision, stating Charleston and the National Trust have legal standing. The court also affirmed the circuit court's alternative ruling that North Charleston did not lawfully annex the property because the one-acre tract is not "adjacent" to existing city limits.

The court clarified “adjacent” is not synonymous with “contiguous,” and state annexation statutes are premised on the requirement of continuity.

CHARLESTON — A local couple has found a treasure in a rundown building that was trashed for years on a busy West Ashley thoroughfare.

The tiny spot at 2177 Ashley River Road formerly housed a dry cleaner business and has since languished without a tenant as vandals covered it in graffiti and homeless camped out in the back.

But Jessica and Russell Luzier, owners of the family-run Stone Castings of Charleston, saw promise in it.

The couple are doing their best to revive the heavily trafficked property — though the project is taking much longer than expected. Jessica Luzier said they were hoping to open their storefront and manufacturing warehouse for custom-made stone products, such as fireplaces, countertops and fountains, this time last year. But extensive damage to the building and permit roadblocks have dragged the timeline out.

“When we took it over it was an abandoned property at that time and people had broken down the door to live inside and out back,” Luzier said. “There’s been a lot of neglect through the years, but also the people who moved in, they stripped the wiring out of the building and all that kind of stuff.”

Further hold-ups included adding a fire hydrant, which Luzier said she never anticipated to be their financial responsibility; coordinating to remove the garbage, such as rubber tires and drug paraphernalia dumped on the property over the years; and “emergency repairs” to water seal the building.

Luzier said she pleaded with Charleston County to allow her and her husband to jump a few steps ahead to stop water — and people — from getting in and wrecking the property further. She hopes those concerned about the condition and status of the site now can understand the timeline better.

Feeling at times as though they have taken one step forward and another step back, Luzier noted that the building was vandalized again a few weeks ago. She arrived to find the storefront’s newly installed $20,000 windows shattered.

As a small business owner, she said that’s not the kind of cash they have on hand for a quick fix.

The Luziers purchased the property for $515,000 in 2024, according to county records. It’s sandwiched between the large West Chase Apartment complex and the Interstate-526 overpass.

While the street frontage is narrow, the parcel spans almost an acre backward. The Luziers are using the extra space to constructing a manufacturing warehouse where they can hand-make their products on-site.

“We were really looking for something to make our home and outfit the space and we saw this would be a good fit for our business,” Luzier said.

She noted the store, expected to open in February or March, is a prime location for Stone Casting’s customers, which span all the way to Kiawah Island and Isle of Palms.

Stone Castings of Charleston has been in business for 20 years, though the Luziers bought out the company four years ago. They currently lease their nearby operational space at 1708 Pineview Road.

Future plans for the commercial site include adding a second floor to the main building and incorporating home décor items, as well as complementary pots and stone corbels, to their shoppable inventory.

“A lot of Charleston still doesn’t know that we’re here and people stumble upon us all the time,” Luzier said. “We’re really excited about the new spot because we’re going to try and use it as a reintroduction to the area and show people what we do.”