This appeal is the culmination of the Town of James Island's third attempt to incorporate into its own municipal body. The two previous attem​pts were invalidated by the Supreme Court in Glaze v. Grooms, 324 S.C. 249, 478 S.E.2d 841 (1996) and Kizer v. Clark, 360 S.C. 86, 600 S.E.2d 529 (2004).

The court held that the Town of James Island's petition for incorporation was not sufficient because it did not adequately apprise the voters of what properties were to be included within the town's proposed boundaries. The court goes on to state that the third time does not make the "proverbial charm" but they "reach the other issues presented in the case in the interest of judicial economy to supply a sufficient framework for Town and other unincorporated areas to successfully petition for incorporation in the future."