In a significant development for the city of Beaufort, South Carolina, the South Carolina Court of Appeals has upheld the city’s approval of a new downtown hotel and parking garage, marking a positive step forward for both city officials and Dick Stewart of 303 Associates. This ruling comes amid an ongoing legal battle centered around the size and scope of projects in Beaufort’s historic downtown area.
For those following the situation, this latest decision is a big victory! Previous legal challenges against the city, particularly from the Historic Beaufort Foundation (HBF) and downtown property owner Graham Trask, were not able to sway the courts. The HBF aims to preserve the city’s historic assets, while Trask, a local developer, has expressed concerns about the scale of the proposed hotel and garage.
Both of these groups had filed lawsuits arguing that the city’s decision to green-light a 72-room hotel and a spacious parking garage violated local preservation laws. However, judges in lower courts had already dismissed these challenges before the Appeals Court confirmed their rulings on Wednesday. The court’s backing of the city and Stewart’s plans suggests that the legal arguments presented were not strong enough to derail the projects.
Stewart, who faced significant delays and financial consequences due to the ongoing lawsuits, characterized the challenges as “frivolous.” He expressed relief, noting that “that cloud is removed over the project.” Still, he revealed that construction on the hotel and parking structure will remain on hold for the time being. “Because of these frivolous lawsuits and appeals, we have suffered real damage,” Stewart explained, pointing out that escalating costs have resulted in expenses exceeding $50 million for the project.
Alongside these developments, Stewart has initiated a separate lawsuit against Trask, claiming that a “conspiracy of misinformation” about the proposed projects has led to a staggering $40 million in losses. His lawsuit seeks to recover this amount in damages, alongside punitive measures for reputation harm and additional legal costs.
While Stewart views the recent ruling as a green light, others hold a differing opinion. Trask labeled the Appeals Court rulings as “unfortunate” and deemed them a setback for the city. “We’re going to keep trying to hold the city accountable for its own laws,” he vowed, stating his intentions to seek reconsideration from the Court of Appeals and possibly escalate the matter to the South Carolina Supreme Court.
Cynthia Jenkins, the executive director of HBF, acknowledged the necessity of a board meeting to discuss their next steps regarding a potential appeal. “The board will have to make that decision,” she stated, emphasizing that the organization has yet to convene on the matter.
The proposed hotel is set to occupy the corner of Scott and Port Republic streets, while the parking garage will be built on a block bordered by Charles, Craven, and West streets. With both projects needing additional scrutiny from local preservationists, finding a balance between development and historical considerations remains a key issue for Beaufort.
Interestingly, a previous study indicated that the city was grappling with a shortfall of 450 parking spots even a decade ago. Stewart maintains that this new parking garage will not only serve hotel guests but will also assist with the city’s long-standing parking dilemma. He pointed out that while he has enough property to meet his current parking needs, without the garage, “everybody else will be denied parking.”
While the hotel and parking garage sit in limbo, 303 Associates has shifted focus to a new project—a 19-unit apartment building set for development in early 2025. This new venture, estimated at $7.5 million, will be located at 211 Charles St., providing a fresh opportunity for growth amid the city’s intricate development landscape.
As this situation unfolds, the city of Beaufort remains vigilant in balancing its historical charm with the growing demands of its community.
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