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Jun

17

2017

From The Blog

Declaratory Judgement Action Rules on Use of Rhett’s Bluff

In recent weeks, and at May’s KICA Board of Directors meeting, members expressed concern over the decision to suspend organized activities at KICA’s Rhett’s Bluff property.

For many years, the community has enjoyed the use of Rhett’s Bluff for boating, social events and gathering by the river. However, there have been continuous debates about the permissible uses of the property. The primary issue has been the meaning of a deed restriction that states “the property shall be used only as a private Kiawah Island community boat landing with related facilities….”

In an attempt to resolve this matter, KICA filed a Declaratory Judgment Action in 2015 and asked the court to make a ruling. In February, after about an 18-month process, Judge W. Jeffrey Young ruled against KICA. The full order can be read at kica.us/rhettsbluffusage.

Although KICA believes the deed restriction was never mean tto restrict all non-boating recreational uses of this property, communications with a few members have made it clear that KICA will face legal action should it sponsor social events or accept reservations for private events at the property.

KICA is exploring ways that might allow the support of broader recreational uses, but until further notice, association involvement in these activities has been suspended. The KICA team relocated the Sunset Music series to Cinder Creek and will continue to do the same for future events such as the Annual Oyster Roast. In the meantime, individual members are encouraged to enjoy the property as they have in the past.