Copyright Contract Template

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Legal expert says Sullivan’s Island maritime forest agreement is unenforceable Legal expert says Sullivan’s Island maritime forest agreement is unenforceable SULLIVAN’S ISLAND, S.C. (WCBD) – A legal expert hired to review an agreement reached with the Town of Sullivan’s Island regarding the cutting of a maritime forest has deemed the agreement invalid, in his professional opinion. SULLIVAN’S ISLAND, S.C. (WCBD) – A legal expert hired to review an agreement reached with the Town of Sullivan’s Island regarding the cutting of a maritime forest has deemed the agreement invalid, in his professional opinion. William Wilkins has “five decades of legal experience, including but not limited to 25 years as a United States District Judge for the District of South Carolina and a United States Circuit Judge for the Fourth Circuit Court of Appeals.” William Wilkins has “five decades of legal experience, including but not limited to 25 years as a United States District Judge for the District of South Carolina and a United States Circuit Judge for the Fourth Circuit Court of Appeals.” The settlement would allow the town to periodically thin portions of a maritime forest, which advocates say is necessary to maintain a view of the beach. Those in opposition worry about the biodiversity of the island. The settlement would allow the town to periodically thin portions of a maritime forest, which advocates say is necessary to maintain a view of the beach. Those in opposition worry about the biodiversity of the island. Wilkins found that the settlement “is invalid because (A) its provisions constitute an improper restriction of the legislative/governmental powers of successor Town Councils, (B) its provisions constitute an improper delegation and/or divestment of the legislative/governmental powers of the Town, and (C) its provisions unfairly, unreasonably, or improperly restrict the proprietary functions of the town.” Wilkins found that the settlement “is invalid because (A) its provisions constitute an improper restriction of the legislative/governmental powers of successor Town Councils, (B) its provisions constitute an improper delegation and/or divestment of the legislative/governmental powers of the Town, and (C) its provisions unfairly, unreasonably, or improperly restrict the proprietary functions of the town.” He continued, saying “as a result, provisions of the settlement agreement are unenforceable in law or contract.” He continued, saying “as a result, provisions of the settlement agreement are unenforceable in law or contract.” Wilkins was careful to point out, however, that his opinion “is not, and should not be construed as, a guarantee of any legal outcome related to the issues presented; nor does it attempt to determine or comment on the wisdom of any non-legal political issues, such as policy decisions of the Town, or any past or present action by the Town.” Wilkins was careful to point out, however, that his opinion “is not, and should not be construed as, a guarantee of any legal outcome related to the issues presented; nor does it attempt to determine or comment on the wisdom of any non-legal political issues, such as policy decisions of the Town, or any past or present action by the Town.” He also noted that it “should not be interpreted as a prohibition or restriction on the Town from taking such action as it determines to be ‘necessary for the health, safety, or general welfare of the Town’ and the public at-large to ‘further or effect’ the ‘Public Policies’ enumerated in the covenants set forth in the deed from the Lowcountry Open Land Trust.” He also noted that it “should not be interpreted as a prohibition or restriction on the Town from taking such action as it determines to be ‘necessary for the health, safety, or general welfare of the Town’ and the public at-large to ‘further or effect’ the ‘Public Policies’ enumerated in the covenants set forth in the deed from the Lowcountry Open Land Trust.” Wilkins went on to lay out what he sees as potential legal paths forward, which would result in “a judicial determination of the rights and obligations of the Town under the Settlement Agreement.” Wilkins went on to lay out what he sees as potential legal paths forward, which would result in “a judicial determination of the rights and obligations of the Town under the Settlement Agreement.” Click here to read the opinion in full. Click here to read the opinion in full.

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