Port Royal takes Safe Harbor Marinas to court: Stop ‘dangerous’ dock building on Battery Creek
The leaders and lawyers of the Town of Port Royal are tired of being ignored.
Citing the violation of zoning ordinances, the town filed court documents Wednesday intended to stop Safe Harbor Marinas from manufacturing large portable docks on the developer’s property abutting Battery Creek, describing the use as illegal and a “dangerous activity” that’s already lead to one death and numerous public complaints. The docks being built are not intended for use in Port Royal but in other Safe Harbor facilities along the east coast.
The lawsuit is the town’s most strident salvo at Safe Harbor Harbor and comes after the developer bought the Port Royal land in 2021 with the intent of building a major marina and a neighboring housing community on 50 acres of the 317 acre parcel. At the time of the purchase, Jason Hogg, chief investment officer for Safe Harbor, promised a “world class boating destination.”
But the relationship has been festering for months with the town and its residents complaining about a number of issues related to the promised marina-centered development. Besides the industrial-scale dock building, the town has rejected a proposal by a Safe Harbor partner to build rental homes overlooking Battery Creek. It was also caught off guard when Safe Harbor refused to grant an easement across its land for a public trail extension without a concession from the town that it could to continue building docks.
The rocky relationship appeared to be looking up following a Feb. 1 face-to-face meeting between Port Royal and Safe Harbor Marina officials to hash out concerns. Both sides said at the time that the meeting was productive.
But trouble soon surfaced over the easement, then the town filed the legal action regarding the docks last Wednesday in the Fourteenth Judicial District Court of Common Pleas in Beaufort.
In late 2023, the town alleges in the court papers, Safe Harbor began using the property for manufacturing the large floating docks, an activity requiring large-scale machinery including cranes. Those floating docks are not related to the proposed Port Royal marina. Instead, they are transported elsewhere for use in construction of marinas along the east coast.
The town argues dock building is not allowed in the planned unit development that has been approved for the development. The only allowed uses, it says, are commercial, retail, office, light industrial, hotel, marina/boat slip for public use and parks/open space.
“Despite being served with written notice of this zoning violation and the related stop order, respondent’s illegal use of the Property for Dock Manufacturing continues,” the town says in its complaint. “Due to Respondent’s failure to cease this dangerous activity in response to the December 14 Letter, Petitioner anticipates Respondent’s illegal use of the Property will continue.”
The public began complaining about the industrial use in October. Then, on Nov. 14. a worker on the property was killed after becoming wedged between a large slab of concrete and the decking’s steel mold. These were materials on the site for the dock manufacturing. The town refers to that tragedy in the lawsuit, but says Safe Harbor continued to use the property for dock manufacturing despite the death and continued public complaints.
The town says Safe Harbor’s Jan. 9 response to its Dec. 14 notice demanding it stop manufacturing docks mischaracterized its dock manufacturing activities, which continued “in flagrant disregard” of the town’s order to stop.
“Despite being served with the Determination Letter, Respondent continues to use the Property for Dock Manufacturing, putting life and property in imminent peril, and based on the past practices of Respondent, it is unlikely the illegal use will cease in the absence of court intervention,” the town’s lawsuit says.
Port Royal also is asking the court to to order Safe Harbor to remove all machinery, equipment, materials and supplies used for dock manufacturing from the property.
Port Royal Mayor Kevin Phillips said he could not comment on pending litigation. Peter Clark, Safe Harbor Marina’s chief development officer, had no immediate comment.
