Dockside Condominiums owners ask to move home amid lawsuit against the City of Charleston

CHARLESTON, S.C. (WCIV) — Six months after Dockside Condominiums residents were given roughly 48 hours to vacate their homes, they’re now in federal court.

Half a dozen townhome owners are suing the City of Charleston, claiming their due process and equal protection rights were violated.

Attorneys for the residents also argue the city violated its own ordinance and didn’t provide townhome owners with written notice of what was wrong with the building or the chance for a hearing before issuing an order to evacuate.

BACKGROUND | “Dockside Condominiums residents advised to evacuate by Friday: City of Charleston.”

In a preliminary hearing Monday morning, Andrew Platte, the attorney representing multiple owners, asked a judge to let his clients move back into the townhomes through a prohibitive injunction.

“It resets the status quo, which would then be the townhouse owners back into their homes, and then the case will continue forward at that time,” Platte explained.

The city, however, will likely argue for a mandatory injunction, which is of a higher standard and not commonly granted.

The townhomes were evacuated in February, alongside their neighboring condominiums, over concerns of a structural collapse. Officials warned the Dockside tower could implode level by level, eventually impacting the parking deck, which they claim to be the foundation of the townhomes.

READ MORE | “Charleston board upholds vacate order, leaving Dockside Condominium residents in limbo.”

Platte argued against this theory.

“They’re not structurally connected. They’re only connected through an ADA ramp,” he said. “There is no scientific evidence to show if the tower collapses, it’s going to cause a catastrophic collapse of the entire parking deck.”

He also made the argument Monday that his clients have been treated differently, citing nearby businesses, like the International African American Museum, which have been able to stay open.

“If the city is going to treat one property owner around townhouses one way, then the other property owners in the same radius need to be treated the same way as well,” Platte said.

READ MORE | “Charleston townhome residents file lawsuit, claim city eviction notice left them stranded.”

Still, the city contends the evacuation order doesn’t boil down to proximity, but again, the condominiums and townhomes’ foundation.

Overall, Platte said no amount of money could cover the damages his clients have suffered so far this year, insisting it was a case of irreparable harm.

“We have a lot of older residents who rely on their neighbors to help them throughout the day. And when they were ordered to vacate, they kind of got scattered,” Platte said. “So, they lost that support structure, which was really important.”

The city declined to comment outside of court Monday, but its attorney, Andrew Lindemann, denied all allegations made against the city’s actions during the hearing.

Townhome residents are requesting a trial by jury.

READ MORE | “Dockside Condominiums evacuation addressed in press conference by law firm.”