PSC Seeks to Intervene in 295 Calhoun Lawsuit
preservation-admin , October 15, 2021
Charleston County Courthouse, courtesy Warren LeMay, Wikimedia Commons
The PSC has submitted a Petition to Intervene in a lawsuit filed by the developers of 295 Calhoun that challenges the authority of the Board of Architectural Review (BAR). The Board’s decision to deny the proposed 8-story, mixed-use building echoed comments presented by PSC that the design was inappropriate given its overwhelming mass on Calhoun Street and jarring departure from Charleston’s unique architectural character.
State law allows applicants challenging BAR decisions to first request pre-litigation mediation before seeking a decision on the substance of the appeal. The law also provides that parties with a “substantial interest” in the developments at issue have the right to participate in that process. The PSC argues that it clearly meets this standard for intervention, citing its 101 years of working on behalf of its membership to advocate for Charleston’s distinctive character, quality of life, and diverse neighborhoods.
While the City of Charleston has welcomed PSC’s participation in the appeal, the developer has objected. The Court has scheduled a hearing for November 5 to decide on whether the PSC, as a public interest organization, has the right to participate. We are grateful for the City’s support and are looking forward to defending our interest in this dispute. Stay tuned for more information as this case progresses.