Georgetown’s Marina Battle Heads to the Supreme Court
In Georgetown, the ongoing struggle over a marina’s renovations and the impact on a neighboring restaurant reached a critical point last week as the state Supreme Court listened to passionate arguments from both sides. This legal tussle, which started eight years ago after the demolition of a store and restaurant at Marlin Quay Marina, has stirred quite a bit of debate among community members and business owners alike.
The Controversy Unfolds
At the heart of the matter is a new, larger building planned for Marlin Quay, which the county has approved. Attorneys are now wrestling with whether this approval stomped over state and local laws. Simon Bloom, the attorney for Gulfstream Café, aimed to convince the court that by allowing this new construction, Georgetown County may have effectively deprived Gulfstream of the value of its property, which has plummeted from $1.85 million to a mere $90,000 due to the impending competition looming next door.
As Bloom aptly put it, “What we find ourselves coming back to is the age-old conflict, the tension between the inalienable rights of private property and the governmental interest in regulating property.” He argued that if the county’s actions violated constitutional rights, compensation for Gulfstream would be necessary. However, Henreitta Golding, the county’s attorney, defended the approval, stating that “there is no loss of 62 parking spaces” that Gulfstream claims to be losing. “That is unfounded,” she declared, pushing back against Bloom’s narrative that the new restaurant’s presence would strangle Gulfstream’s business.
The Parking Predicament
One central issue in this whole kerfuffle is the parking situation. Gulfstream relies heavily on an easement that provides access to 62 parking spaces within the Marlin Quay planned development zoning district. Under the new changes, the restaurant’s expansion raises concerns about inadequate parking, something Gulfstream fears will drive customers away. Bloom insists that parking standards of 170 spaces are necessary for the new Marlin Quay restaurant, but only 62 can be made available.
A Look Back
The road to this moment in court has been long and winding. After Palmetto Industrial Development took over the marina in 2014, a series of debates commenced when old structures were torn down in November 2016. Gulfstream immediately raised alarms and sought legal action against the county’s approval for the new facility, claiming business would be hurt by the changes. While the county’s Board of Zoning Appeals initially found in favor of the proposed changes, it wasn’t until the Planning Commission and County Council held public hearings that the matter took on a new life.
Council member Steve Goggans, who was initially involved in the planning, has since distanced himself after facing scrutiny over ethical violations. The court’s dislike for potential conflicts of interest has thrown an additional wrench in the case, adding layers of complexity to an already thorny situation.
What’s Next?
While the state’s highest court has yet to render a decision, Chief Justice John Kittredge raised the important question of how the non-exclusive easement Gulfstream holds transforms into property rights that warrant due process protection. “How does that morph into the property right that triggers substantive due process protection?” he queried, highlighting the intricacies of property law.
As the community holds its breath for the court’s ruling, it’s clear this case is about much more than just two restaurants. It dives deep into the essence of property rights in the face of development and the conflict between progress and protection of local businesses. Whatever the outcome, this conflict has sparked a vigorous conversation in Georgetown about growth, community, and the future of their beloved waterfront.
