First, an apology since this is cross posted to ARCH-L, HISTARCH, and
PUBLHIST. Neverthess, I hope that the information may be of interest.
Second, this was faxed to me this afternoon by an individual who is not a
member of these lists, with the request that I post the press release for
those who may be interested. This I am doing as a courtesy and for the
interest of those who follow preservation law developments. While I am doing
so, I am not a party in the suit and have no additional information. I
recommend that those who may be interested contact the referenced attorney
for additional information.
PRESS RELEASE -- SOUTH CAROLINA ARCHIVES AND HISTORY CHALLENGED ON THE EVE OF
ARCHAEOLOGY WEEK
In a continuing effort to protect and preserve historical, archaeological,
and natural resources of the Sheppard Tract located south of Charleston,
South Carolina, Russ and Lee Pye filed a Complaint in State Court against the
S.C. Department of Archives and History and Charleston County Council. The
County of Charleston has announced its intention to build a road through two
wetland areas on the Sheppard Tract creating a throughway for vehicles and
equipment for access to a proposed landfill site at the northern end of the
Tract. The Complaint challenges the findings of the S.C. Department of
Archives and History, which directly conflict with the findings of a recent
survey commissioned by the County of Charleston. The S.C. Department of
Archives and History failed to follow the requirements for determing the
significance of the property and failed to consider information documenting
the significance of the property. The Pyes also contend they have a
Constitutional due process right to judicial review of the S.C. Department of
Archives and History. The Complaint also seeks an injunction against the
County from constructing the road until a final determination of eligibility
for inclusion on the National Register of Historic Places can be made by the
Department of the Interior.
Legal Reference: Russ and Lee Pye, Plaintiff, vs. Charleston County Council
and the South Carolina Department of Archives and History, Defendants. In the
Court of Common Pleas, Case No. 99-CP-10-3434. Filed September 22, 1996, 2:37
PM
For Additional Information Contact: William A. Scott, Esq., Martin Law Firm,
147 Wappoo Creek Drive, Suite 601, Charleston, SC 29412, 803/762-2121,
Attorney for the Plaintiffs.
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