The Gullah-Geechee community in Georgia is celebrating after the state’s Supreme Court ruled the citizens’ referendum on Sapelo Island may move forward.
The Sept. 30 referendum ruling overturns a lower court’s decision that had blocked voting on proposed amendments that allow large new construction projects in the area.
McIntosh County appealed to courts, asserting that citizens did not have the power to stop county zoning decisions.
The Georgia Supreme Court disagreed with the argument. Justice John Ellington wrote, “Nothing in the text of the Zoning Provision in any way restricts a county electorate’s authority to seek repeal of a zoning ordinance.”
Supporters of the referendum called the decision a vindication, with resident Jazz Watts quoting Dr. Martin Luther King Jr.“: The time is always right to do what’s right,” Watts told the Atlanta Journal-Constitution.
Residents in the Hogg Hummock community, which is registered on the National Register of Historic Places, are challenging the McIntosh County zoning ordinance. The ordinance would double the maximum square footage allowed for homes in the area. As the proposed increase in allowable home square footage would double from 1,400 to 3,000, precipitating a rise in property taxes, residents are resisting.
While property taxes are one consideration, residents fear displacement and erosion of the island’s cultural fabric. Local advocates gathered more than 2,300 signatures to force the referendum. The petition prompted legal countermeasures from county officials who argued zoning matters should not be subject to voter repeal.
McIntosh County officials said they will respect the ruling.
While the decision allows the referendum to restart, no new date has been announced. In the meantime, the zoning ordinance cannot be enforced until the people have their day in court.
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