Town 1 Kernodle 0

As reported last month, the afternoon before our July 23 special meeting, the Town received a letter from one of the out-of-town attorneys working with Kernodle threatening to seek a preliminary injunction against the Town unless we agreed to postpone consideration of our budget amendment that had passed first reading at our July 9 meeting.  We were given a deadline for the morning of July 23 to respond.

The budget amendment levied a 20 mill property tax, provided a $2,948,058 tax credit to zero out the tax for all taxpayers, and budgeted $840,000 to build a new Town Hall and $200,000 to maintain a reserve.    The Town did not meet Kernodle's deadline and they filed a request for a preliminary injunction on the afternoon of July 23.   That evening, Town Council passed the budget amendment 3-2 on second and final reading.

The hearing for the injunction was held this morning.   It all started an 9:30.   There were many motions on other cases before Judge Dennis, but when it was our turn, it lasted only a few minutes.  

Kernodle and the out-of-town attorney introduced themselves.   Our Town Attorney, Bo Wilson introduced himself as did Danny Crowe, former general counsel of the Municipal Association of South Carolina, who the Town has also retained to help defend us from the Kernodle legal attack.

Judge Dennis asked Kernodle what he wanted.   The out-of-town attorney spent about 2 minutes explaining that this was a dispute about the Local Option Sales Tax statute and that they wanted the Town to distribute the funds received from the Property Tax Credit funds to property owners on James Island.   (They are suing the Town to make us carry out Kernodle's campaign pledge to "mail the checks.")

The Judge said that this was something like a case in Berkeley County, and what did they want to enjoin.   The out-of--town attorney said they wanted the Town to not dissipate the LOST funds that it is holding.   That took about a minute.

Judge Dennis said that this is clearly a case at law and that we are talking about a Town.

DENIED!

Our lawyers never  had to say a thing.

It was all over in a few minutes.