Roofer 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.