A group of property owners in Charleston’s Dockside community has filed a lawsuit against the City of Charleston after they were ordered to evacuate their townhomes within 24 hours in February. The lawsuit claims the city acted without sufficient evidence and violated property owners’ rights by forcing them to leave their homes without a hearing.
Evacuation Order and the Claims Behind the Lawsuit
According to the lawsuit, the owners were informed on February 28 that they had to evacuate by 5 p.m., and there was no opportunity for a hearing beforehand. The property owners argue that the evacuation order was issued without clear evidence that their townhomes, which share property with the Dockside Condominiums, were unsafe.
City officials explained that the evacuation was prompted by an inspection of the Dockside Towers in 2022. Although the building was not initially deemed unsafe, further investigation revealed structural issues that led to the conclusion that the building was no longer safe for residents. However, the lawsuit argues that there was no direct evidence to suggest the adjacent townhomes posed any danger to their occupants.
Disputing the Safety Concerns
The lawsuit, which represents 11 townhome owners, claims that the city did not provide clear legal authority for forcing the evacuations. Additionally, the letter sent to residents indicated that only the tower was unsafe and did not mention any concerns regarding the townhomes. Findings from an engineering firm also reportedly did not classify the townhomes as unsafe.
The owners also point out that while their townhomes were evacuated, other nearby buildings, including the International African American Museum and the City of Charleston Pump Station, were not required to evacuate, despite being in close proximity to the Dockside Towers.
Appeal and Denial
Several of the affected property owners attempted to appeal the evacuation order at a hearing before the Building Codes Board of Appeal. They argued that there was no compelling evidence to support the city’s decision. However, the board denied the appeal, stating that the city had the authority to issue the evacuation order. Despite this, the lawsuit claims that the board did not provide any evidence that the townhomes were deemed dangerous.
Lawsuit Details and Request for a Jury Trial
The lawsuit requests a jury trial, seeking to address what the property owners claim was an unjustified and legally unsupported evacuation order. They argue that they should be compensated for the distress and inconvenience caused by the sudden evacuation.
The lawsuit filed by Dockside townhome owners against the City of Charleston raises concerns about the authority of the city in ordering evacuations and the lack of clear evidence for the safety risks associated with the townhomes. The case is still ongoing, and the owners are seeking a jury trial to resolve the matter.
