Fate of Sapelo Island zoning lawsuit in the hands of a judge

DARIEN, Ga. (WTOC) - A McIntosh County judge will decide whether or not a lawsuit about a zoning ordinance on Sapelo Island will move forward.

The zoning ordinance would allow homes on Sapelo Island to nearly double in size, from 1,400 square feet to 3,000 square feet.

Sapelo is home to Hog Hammock, a Gullah Geechee community. Many members of the community are concerned about how the ordinance would impact property taxes, and new development on the island.

READ: A Split Sapelo Island: Gullah communities refiling lawsuit against McIntosh Co.

Nine residents filed a lawsuit against McIntosh County commissioners after the ordinance was passed in 2023, but that lawsuit was dismissed.

They refiled the lawsuit against McIntosh County itself, saying the ordinance should be void since the county didn’t follow proper zoning procedures, from not allowing proper notice for the public meetings, to transportation issues taking the ferry from the island, to violating the open meetings act by not allowing citizens to record any of the meetings.

McIntosh County filed a motion to dismiss the new lawsuit. In court on Friday, lawyers for McIntosh County argued why the believe the lawsuit should be dismissed, while lawyers for nine members of the Geechee community argued it should go forward to trial.

The county said in their arguments that the lawsuit was brought as a declaratory action, which means the plaintiffs (in this case, the nine Sapelo residents) ask a judge to resolve questions of legal uncertainty.

The county said the case shouldn’t be brought as a declaratory action, because there is no legal uncertainty.

However, a lawyer for the Sapelo residents contended that everything about the zoning ordinance brings uncertainty for the community, and asked the judge to let case go to trial and be decided then.

It’s important for the voices of the people on Hog Hammock, on Sapelo Island, to have their voices heard. That’s why we’re in court today. That’s why we brought the lawsuit, is so the voices of the Gullah Geechee people can be uplifted and their concerns and their legal issues be addressed in a court of law.

Malissa Williams, an attorney for the Sapelo residents

An attorney for McIntosh County also mentioned to the judge that McIntosh County may choose to re-adopt the ordinance at some point in the next couple of months, and said that the current lawsuit would be moot at that point, and a new lawsuit would likely be brought.

The judge responded he doesn’t deal with politics in the courtroom.

It’s now up to the judge whether or not the lawsuit can continue. However, the Georgia Supreme Court is currently deciding whether the zoning ordinance could be repealed by voters. If that’s allowed, the lawsuit could be moot.