Whether or not a lawsuit between Sapelo Island residents and McIntosh County will go to trial awaits a judge’s decision.
Attorneys representing nine Sapelo Island landowners and McIntosh County gathered in court on Friday after the county filed a motion to dismiss the 2023 lawsuit filed in protest of new zoning ordinances. Commission chair Kate Karwacki, interim county manager Shawn Jordan, and Commissioner Roger Lotson, who represents Sapelo Island, were in attendance.
The controversial ordinances allow houses on the island to be up to 3,000 square feet, double the size of the previous limit. The plaintiffs argue the change will increase property taxes and continue long-standing efforts to push Gullah-Geechee descendants off of the island. They also allege the county was not transparent during the zoning approval process and violated the Open Meetings Act by not providing residents with recordings of the meetings.
The case originally named the commission members but was refiled to name the county.
Patrick Jaugstetter, an attorney from Jarrard & Davis representing the county, said during arguments that the lawsuit should be dismissed because its filing was “untimely” and past the statute of limitations. He added that while the suit was filed as a declaratory action, where plaintiffs seek guidance on legal disputes, the case should not be considered as such because there is “no legal uncertainty” in the zoning ordinances.
Jaugstetter argued that plaintiffs not understanding or approving of the ordinances is not legal grounds for it to be considered unlawful, especially since the zoning laws have already been passed.
Malissa Williams, an attorney from Southern Poverty Law Center, said the county has no legitimate grounds to dismiss the suit and that the renewal action was filed on time based on the original deadlines. Williams argued that the changes to zoning ordinances on the island indeed create uncertainty for landowners on how they can use their land and will have a “ripple effect” on all residents on the island.
She added that residents should be able to directly challenge the ordinance because it “represents a dramatic departure” from previous zoning laws and could have long term effects on preserving the culture of the historic Hogg Hummock community.
The Georgia Supreme Court is currently deciding whether voters can use a referendum to repeal the zoning laws.
Judge F. Gates Peed reminded attorneys of the political nature of the lawsuit and how it can create “twists and turns” in its outcome. He asked both legal teams to submit proposed orders by the end of August.