Federal judge rules ‘there is no longer a case’ in Pine Island lawsuit
The long-running battle over development on Pine Island took another turn last week as a federal judge dismissed a lawsuit against Beaufort County challenging the constitutionality of St. Helena Island’s Cultural Protection Overlay, a key legal fight tied to the developer’s controversial golf course proposal.
The suit against the county was one of two filed in 2023 by LLCs Pine Island Property Holdings and Pine Island GC after Beaufort County officials denied applications for three six-hole golf courses.
The first lawsuit was an appeal of the county’s planning commission’s decision that the zoning overlay did not allow for three golf courses. The LLCs withdrew that lawsuit on Dec. 23, just days after Beaufort County once again upheld its position against the development.
The decision was unexpected. In both public statements and court filings, representatives for the developer had indicated they would dismiss the lawsuits only if the county approved the development.
Lawsuit challenges legality of the CPO
The second lawsuit was a civil action directly challenging the legality and constitutionality of the CPO, the zoning amendment that prohibits the development of resorts, gated communities and golf courses in an effort to preserve Gullah-Geechee culture. Prior to its dismissal, the suit was pending before the U.S. District Court in the District of South Carolina.
Specifically, the lawsuit called into question whether the CPO’s restrictions on hotels, resorts and golf courses violated the developer’s constitutional rights to due process and equal protection, and whether the ordinance places an unconstitutional burden on the ability to conduct interstate commerce.
On Feb. 20, Judge Richard Gergel dismissed that lawsuit. The court found there was “no longer a case or controversy before it and that this action must be dismissed” since the plaintiff withdrew their state-level suit.
Attorney says the case ‘will be refiled’
According to Charleston attorney Ellis Lesemann, who represents the developer, the judge’s order was based on a “technical issue.” Namely, it did not address the “underlying legal issues” and instead decided that the court did not think there was still an active dispute.
Lesemann wrote that even though the plaintiffs asked the court to address the validity of the CPO, the court “avoided that issue.” Lesemann told The Island Packet “the case can and will be refiled.”
“Since the CPO is still in place, there are ongoing injuries to property owners, working families and residents of St. Helena Island, which includes but is definitely not limited to my clients,” wrote Lesemann in an email.
This story was originally published February 24, 2026 at 1:16 PM.
