The Issue

In late 2022, Pine Island Property Holdings, LLC, despite not owning any property on Pine Island, began pursuing plans to develop a gated resort and golf course. Developments of these kind are specifically prohibited under the County’s long-established Cultural Protection Overlay (CPO) District. The developer finally purchased Pine Island in March of 2023, well after it began initiating various legal tactics to sidestep the clear prohibitions of the CPO.

The CPO was created in 1999 to protect the Gullah/Geechee people, culture and resources on St. Helena Island and has been successful in protecting St. Helena Island from gentrification and the loss of Gullah/Geechee culture and land. There is abundant evidence for how this kind of development has devastating effects on other Sea Islands along our coast, like Hilton Head and Daufuskie Islands. SCELP and our partners have been hard at work these past few years to uphold the CPO and to stop this harmful development.
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The Legal Battle

Since 2022, the developer has pursued every available avenue to circumvent the CPO and build a gated golf resort on Pine Island – despite explicit prohibitions on such uses and repeated rejections by Beaufort County at every level of the democratic process.

SCELP intervened on behalf of the Gullah/Geechee Sea Island Coalition in each legal proceeding, standing alongside the Penn Center, Coastal Conservation League and individual landowners to defend the CPO and the community it protects.

To date, the developer has filed three separate lawsuits. The state court challenge was voluntarily dismissed in December 2025. The first federal lawsuit was dismissed in February 2026, with the court finding the case moot – a ruling the developer is now appealing to the Fourth Circuit. And in April 2026, the developer filed a new federal lawsuit directly challenging the CPO as unconstitutional "on its face," alleging its purpose of protecting St. Helena Island's rural character and Gullah/Geechee cultural heritage amounts to racial discrimination. SCELP continues to represent the Gullah/Geechee Sea Island Coalition in defense of the CPO.

On June 16, 2026, the federal court stayed the new 2026 lawsuit pending the outcome of the developer's appeal of the dismissal of the 2023 case, finding that the two cases raise substantially similar issues. SCELP's motion to intervene was also paused, with leave to refile once the stay is lifted. SCELP remains ready to act the moment the case becomes active again.

For the full procedural history, see the timeline below.

The CPO

The CPO was created in the late 1990s to protect the Gullah/Geechee people and cultural resources of St. Helena Island. The St. Helena community could not abide the same development pattern as other South Carolina sea islands, like nearby Hilton Head and Daufuskie Islands, which has resulted in the ousting of most of the Gullah/Geechee people.

The CPO zoning district bans golf courses, gated communities, resorts, and restrictions to waterways and culturally significant locations on St. Helena Island. The Beaufort County 2040 Comprehensive Plan highlights how the overlay prevents gentrification and the loss of Gullah/Geechee culture and land. See the whole CPO here.
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St. Helena Island, St. Helenaville and Pine Island

St. Helena Island is a 64-square mile island located in Beaufort County, sheltered from the Atlantic Ocean to the southeast by sea islands Harbor, Hunting, Fripp, and Pritchards. Pine Island and St. Helenaville are located on the northern end of the island, bordering St. Helena Sound. The island is widely known as the center of Gullah/Geechee culture, and many families own land on the narrow roads criss-crossing the island. Learn more about St. Helena Island.

Decades ago, the St. Helena community made clear that its vision for the island's future was a place where generations of Gullah/Geechee families could continue to sustain their rich farming, hunting, and fishing culture. This vision does not include golf courses, gated communities, and resort developments, which threaten to destroy the cultural way of life for this community, as has occurred on Hilton Head and Daufuskie Islands.

Golf courses, gated communities, and resort developments directly threaten the heritage of the people who live in this important sea island community, which is why these uses have been prohibited by the CPO since its inception in the 1990s. It is also why St. Helena has Beaufort County’s most notable concentration of Gullah/Geechee land ownership today. Learn more about Pine Island.

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Procedural History & Timeline‍

Late 1990s – Cultural Protection Overlay Adopted
Beaufort County adopts the community-led CPO to protect St. Helena Island's rural character and Gullah/Geechee cultural heritage from incompatible resort, golf course and gated community development. Beaufort County Council appoints St. Helena residents to the inaugural CPO District Committee. 

November 2021 – 2040 Comp Plan Adopted
Beaufort County adopts Envision Beaufort County 2040 Comprehensive Plan, which recommends strengthening the CPO and features “Spotlight: St. Helena” section.

October 2021 – November 2022 – Developers Pursue Plans Before Owning Property
Pine Island GC, LLC and representative Elvio Tropeano enter option contract to purchase the Pine Island property for “construction of golf course and related lodging,” and begin pursuing development plans for a gated resort and golf course on Pine Island despite not yet owning the property, including an application for a zoning map amendment to remove the property from the CPO and proposed development agreement.

November 2022 – CPO Committee Reformed
Beaufort County Council appoints St. Helena residents to the CPO District Committee in accordance with the 2040 Comprehensive Plan. Meetings begin in December. 

January 2023 – Pro-Developer Amendments to CPO Rejected
The Beaufort County Planning Commission unanimously rejects text amendments to the CPO proposed by former administrator Greenway creating an exception to allow gated golf resort developments for large properties that utilize a development agreement. Beaufort County Council directs the CPO Committee to work with staff and outside entities of their choosing to suggest revisions to reinforce the Overlay’s purpose and protections. 

March 2023 – Developer Purchases Pine Island
Pine Island Property Holdings, LLC  purchases the approximately 500-acre Pine Island property for $18 million with knowledge of the applicable CPO restrictions and forthcoming reinforcing amendments. The Pine Island property also contains two listings on the National Register of Historic Places for its historic structures and archeological resources. The developers apply for three 6-hole golf courses on newly subdivided parcels of the Pine Island property. 

May 2023 – CPO Purpose and Protections Reinforced
Beaufort County Council votes to strengthen the CPO, further clarifying that golf courses, gated communities and resort developments are prohibited on St. Helena.

June 2023 – County Unanimously Denies Golf Course Proposals
The Beaufort County Planning Commission unanimously rejects the developers’ plans for three 6-hole golf courses and recommends denial of their rezoning request to remove Pine Island from the CPO. Beaufort County Council upholds the CPO and votes to deny the rezoning request 8-2 (Cunningham, Brown opposed).

July-September 2023 – Developer Files Lawsuits; SCELP Intervenes
The developers file two lawsuits – one in state circuit court appealing the denial of plans for three 6-hole golf courses, and the other, which was transferred to federal court, challenging the validity of the CPO, alleging constitutional violations and seeking damages. On behalf of the Gullah/Geechee Sea Island Coalition, SCELP files a motion to intervene in both lawsuits. The Coastal Conservation League, Penn Center and individual landowners file coordinated motions to intervene in the state appeal. The circuit court granted all parties intervention in September 2023 and the federal court granted the Gullah/Geechee Sea Island Coalition’s intervention in September 2024.

October 2024 – Major Obstacles to Residential Development Realized
The developers’ application for 144 homes on the Pine Island property based on the underlying T2 Rural density (1 unit per 3 acres) is met with significant concerns and hurdles to compliance under the County’s development code, including 38 lots likely impacting archeological resources and the need for more extensive archeological studies, among other items. No further action on the 144-unit residential plan has been pursued.

September 2024 – Mediation; County Reaffirms CPO
Mediation is held. Beaufort County Council rejects the developers’ mediation offer and reaffirms its support for the CPO.

April-May 2025 - Repackaged Plans for Golf Resort Resurface
The developers repackage the proposal for a gated golf resort on Pine Island as a “downzoning” and again apply for a zoning map amendment to remove the property from the CPO and submit an application for a development agreement to facilitate their desired plans. The Beaufort County Planning Commission again unanimously recommends denial of the rezoning request. 

September 2025 – Council Votes 10-1 Against Development Agreement
After a 7 1⁄2-hour meeting and public hearing attended by more than 500 people, Beaufort County Council votes 10-1 (Cunningham opposed) to deny the proposed development agreement for a gated golf resort on Pine Island. 

December 2025 – State Lawsuit Voluntarily Dismissed
A subsequent motion to rescind the September County Council vote fails in December 2025. The developer voluntarily dismisses the state court lawsuit.

January 2026 – Limited Development Approved
Beaufort County approves a proposal to build 20 residential units on a 64-acre parcel of the Pine Island property where no archeological resources are implicated under existing zoning – far short of the developer's vision of 49 homes and an 18-hole golf course, or the oft-threatened but infeasible “full density” residential plan of 144+ homes.

February 20, 2026 – Federal Lawsuit Dismissed
The U.S. District Court for the District of South Carolina dismisses the developers’ federal lawsuit in its entirety, finding the case moot in light of the voluntary dismissal of the state appeal and the basis upon which many of the developers’ claims rely therewith.

March 25, 2026 – Reconsideration Denied
District Judge Richard Gergel denies the developers’ motion seeking reconsideration of the February dismissal. The dismissal is on appeal to the Fourth Circuit Court of Appeals, with briefs scheduled for June and July 2026.

April 20, 2026 – New Federal Lawsuit Filed
The developers file a new federal lawsuit in the U.S. District Court, directly challenging the CPO as unconstitutional "on its face," alleging racial discrimination and asking the court for damages and to end enforcement of the CPO entirely.

June 8, 2026 – SCELP Intervenes in New Federal Lawsuit
On behalf of the Gullah/Geechee Sea Island Coalition, SCELP files a motion to intervene in the developers’ new federal lawsuit directly challenging the CPO's constitutionality.

June 16, 2026 – New Federal Lawsuit Stayed
A federal court pauses (or "stays") the developer's newest lawsuit until the Fourth Circuit Court of Appeals decides a related appeal. The court found that this case and the one under appeal are substantially similar, and that allowing both to move forward simultaneously could lead to conflicting rulings. SCELP's motion to intervene was also paused, with the ability to refile once the case becomes active again.