A community group hoping to prevent further development near a historic Charleston creek is continuing its legal fight.

Friends of Gadsden Creek (FOGC) on Tuesday filed an appeal of the Dec. 5 court decision that upheld a permit from the Department of Health and Environmental Control allowing developers to fill Gadsden Creek.

The permit authorized WestEdge to fill in 3.9 acres of the ‘critical area' on the west side of the Charleston peninsula.

It now goes to the Army Corps of Engineers for approval, a move that critics say would remove Gadsden Creek as "a resource for Gadsden Green residents and the greater Charleston community forever.”

"Friends of Gadsden Creek looks forward to working with the South Carolina Environmental Law Project (SCELP) to appeal the December 2022 ruling," representatives from Friends of Gadsden Creek said. "We reject WestEdge's paternalistic claims that presume to know what the community wants and needs. Friends of Gadsden Creek continues to stand with the community in saying NO to this plan."

Community members have argued that the creek should be protected, citing flooding and loss of habitat concerns, and highlighting its role as a conservation and historical teaching tool.