By Dave Munday

The Post and Courier

The state appeals court ruled Wednesday that Charleston Southern University must sell a riverfront parcel to the Lowcountry Open Land Trust.

The Land Trust has a contract to buy from CSU 63 acres on the Ashley River at Bacons Bridge near Summerville. The Land Trust plans to let Dorchester County open a park there.

CSU canceled the contract in March 2005, arguing that the Land Trust missed the deadline for closing the deal. But Master-in-Equity Patrick Watts ruled in June 2006 that missing the closing deadline did not invalidate the contract.

CSU appealed. The appeals court agreed with Watts that CSU should sell the land.

The contract specified a purchase price of $325,000. CSU owns 61.7 percent of the property. At least 27 other people own the rest. The Land Trust would pay CSU $220,525, including interest, with the rest of the money going to the other owners.

Lowcountry Open Land Trust Executive Director Will Haynie hailed the court's decision.

"We're obviously pleased with the ruling," Haynie said. "We look forward to preserving this property for the benefit of the public. We look forward to complying with the court's order."

CSU could ask the appeals court to reconsider. If that fails, the school could appeal to the state Supreme Court. Stephen Brown, CSU's attorney, said the school has not yet decided what to do.

"We are still reviewing the opinion and our options and will take whatever steps we think to be in the best interest of the school and its mission," Brown said.

The sale is also part of the agreement to downsize the Poplar Grove development from 3,500 to 450 houses.

The S.C. Conservation Bank agreed to kick in $2.2 million to help buy easements at Poplar Grove if the county would open a park on the Ashley River. The conservation bank gave the land trust $280,000 to help buy the Bacons Bridge parcel for a park.

Bacons Bridge is the gateway to the plantations that line the river near Charleston, and Francis "Swamp Fox" Marion is thought to have camped at the site.

Reach Dave Munday at 745-5862 or dmunday@postandcourier.com