Judge sides with WestEdge in Gadsden Creek lawsuit

CHARLESTON, S.C. (WCBD)- A South Carolina judge sided with developers Monday in a dispute over a historic Downtown Charleston creek, paving the way for further development in the area.

The lawsuit, filed in October 2021, sought to prevent WestEdge from partially filling in and building on Gadsden Creek by challenging the permit granted by the Department of Health and Environmental Control (DHEC).

The DHEC permit authorized WestEdge to fill in 3.9 acres of the ‘critical area’ on the west side of the Charleston peninsula.

On behalf of the community-group Friends of Gadsden Creek, the South Carolina Environmental Law Project (SCELP) argued the creek should be protected citing concerns over flooding and loss of habitat, and highlighting its role as a conservation and historical teaching tool in the community.

WestEdge, on the other hand, contended that filling Gadsden Creek was in part necessary as it runs over an old landfill, creating potential exposure to harmful contaminants. DHEC agreed with that sentiment asserting “the landfill needs to be capped to protect the health, safety, and welfare of the public.”

Ultimately, the judge sided with WestEdge, finding evidence showed that the planned project would reduce flooding associated with stormwater and tidal events and resolve the issue of contamination, both of which are “public benefits.”

“This was a challenging case, and the Court does not lightly approve of the elimination of
critical area tidelands that are so integral to the health, welfare, and vibrancy of our natural
the ecosystem here in South Carolina,” the judge wrote. “However, this case presents a unique hurdle of a naturalized drainage ditch for a landfill that is now being contaminated by that landfill.”

WestEdge says it plans to spend millions of dollars to build shops, homes, and restaurants to support the Medical University of South Carolina and create economic development on the west side of the Charleston peninsula.

It is unclear when construction is expected to begin.