SerpApi.Org
KIAWAH ISLAND — A group of homeowners is again asking the town to strike down an ordinance they argue was improperly adopted and now infringes on their property rights.
Their lawsuit, filed July 20 in Charleston County, challenges Kiawah Island’s new policy establishing a “Beachfront Overlay Zoning District” that overlaps their properties. The measure, which took effect June 2, restricts what can be built within two designated buffer zones intended to protect the island’s dunes and wildlife.
The plaintiffs — the same group who filed a similar lawsuit May 21 before voluntarily dismissing it July 17 — primarily own oceanfront lots along Eugenia Avenue. They contend the ordinance places an unfair burden on their properties by imposing stricter building limitations than those applied elsewhere on Kiawah, reducing their property values as a result.
They further allege the ordinance was enacted without proper notice to affected landowners and coordination with other state services, as required by law.
The focus of the second lawsuit mirrors the May 21 complaint in that it states the ordinance is “a solution looking for a problem,” plaintiffs’ lawyer Hamlin O’Kelley told The Post and Courier.
The homeowners allege the ordinance was motivated by a desire to prevent further development similar to recent projects, such as the 14-acre Cape at Kiawah, with 78 condominiums, and the Timbers Kiawah Ocean Club and Residences, which has 21 luxury vacation units split among three four-story buildings.
As of July 21, the town had not been served, a spokesperson said, and was “unable to comment at this time, other than to reiterate that the town will continue to defend its authority and responsibility to protect our natural environment.”
Plaintiffs seek a permanent injunction of the ordinance and compensation for the “inverse condemnation of their respective properties.” They requested the unspecified damages to be determined if the case goes to trial.
Days earlier, the town seemingly declared victory against the homeowners after they dropped their original lawsuit, which had been transferred from state to federal court. The dismissal came after the town filed its own request to dismiss several claims in the original complaint.
Mayor Brad Belt had said the outcome “speaks for itself” in a written statement July 17.
“When we were sued, we did not back down,” he said in a written statement. “We defended the town's authority and responsibility to protect the interests of the community, and the plaintiffs walked away from their own lawsuit rather than test their claims against the facts and the law.”
