Beaufort or “Anywhere USA”? Local Lawsuit Appeals to the SC Supreme Court

The battle continues as the Historic Beaufort Foundation (HBF) and Graham Trask’s companies, West Street Farms (WSF) and Mix Farms (MF), fight against developments approved by the city’s Historic District Review Board (HRB), citing potential harm to the character of Beaufort’s National Historic Landmark District. HBF Executive Director Cynthia Jenkins announced their decision to appeal to the South Carolina Supreme Court in a recent letter to HBF supporters. The appeal to the highest court in South Carolina follows a series of unfavorable lower court rulings regarding projects by Dick Stewart’s 303 Associates, including a downtown parking garage and hotel. Read previous updates here and here.

The South Carolina Court of Appeals quickly denied HBF’s request for reconsideration, upholding their October 30th decision that denied the appeal from the HRB’s approval of the parking garage and hotel. The Court had ruled the group failed to file within the requisite 30 days after the HRB’s conceptual approval. HBF’s Board of Trustees, however, contends that the ruling has statewide implications, creating burdensome procedural standards for future zoning appeals. 

“The recent ruling by the SC Court of Appeals has potential detrimental impact statewide,” stated Jenkins, “for individuals, organizations, and local governments who care about the unique character of their communities.” According to Jenkins and HBF, this ruling could require that future appeals of HRB decisions be filed following the initial project review stages (conceptual and/or preliminary) to preserve challenges to issues considered during review. If that proves to be the case, the Court’s decision could create a situation where the number of appeals from zoning decisions will multiply, resulting in “numerous delays and costs that will not only impact local and state governments, but property owners, developers, advocacy organizations, and individuals.”

HBF has argued that the approved developments threaten the integrity of the district. Earlier this year, a National Park Service study corroborated concerns about degradation in the district’s character, citing loss of authentic materials, altered settings, and endangered tree canopies. HBF and Trask assert that Stewart’s projects and HRB’s decision to approve them could exacerbate the problem, irreversibly altering Beaufort’s historic sense of place. 

“When buildings lose their connection to the setting and character of place, when workmanship and materials are ripped out and replaced, when our tree canopies are ripped out or endangered—Beaufort becomes Anywhere USA,” said Cynthia Jenkins in a letter shared with HBF supporters.

“How can we not move forward?” One member of HBF’s Board of Trustees noted as they discussed what to do next. Now, the only place to go from here is the South Carolina Supreme Court. HBF and Trask are asking the SC Supreme Court to address two key questions: whether interim HRB approvals must be appealed to preserve rights for final decisions, and whether HRB complied with local ordinances when approving Stewart’s projects. Stewart and the City of Beaufort maintain that the projects align with zoning and preservation regulations. Meanwhile, HBF insists its actions are about safeguarding Beaufort’s historical legacy.

As HBF inches closer to the SC Supreme Court, the organization remains resolute in its advocacy for Beaufort’s historic preservation. The Court will have 30 days to decide whether to hear the case. If accepted, the ruling could set precedent across South Carolina, influencing how preservation laws intersect with development rights. The outcome of this battle will likely shape not only the future of downtown Beaufort but also the broader conversation about balancing growth and heritage preservation in South Carolina.

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