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ESPOSITO v. SOUTH CAROLINA COASTAL COUNCIL

Nos. 89-1840, 90-2367.

939 F.2d 165 (1991)

John V. ESPOSITO, et al., Plaintiff-Appellant, v. The SOUTH CAROLINA COASTAL COUNCIL, a South Carolina governmental agency; John C. Hayes, III, Chairman of the South Carolina Coastal Council; H. Wayne Beam, Executive Director of the South Carolina Coastal Council, Defendants-Appellees. Natural Resources Defense Council; South Carolina Coastal Conservation League, Amici Curiae. Barney L. CHAVOUS; Odessa K. Chavous, Plaintiffs-Appellees, v. The SOUTH CAROLINA COASTAL COUNCIL, a South Carolina governmental agency, Defendant-Appellant, and John C. Hayes, III, Chairman of the South Carolina Coastal Council; H. Wayne Beam, Executive Director of the South Carolina Coastal Council, Defendants. Natural Resources Defense Council; South Carolina Coastal Conservation League, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided July 3, 1991.

Attorney(s) appearing for the Case

Nancy B. Tecklenburg, C.C. Harness, III, argued (William L. Want, on brief), South Carolina Coastal Council, Charleston, S.C., for defendant-appellant.

John V. Esposito, Randall M. Chastain, Hilton Head Island, South Carolina, for plaintiffs-appellees.

Robertson H. Wendt, Jr., Hollings & Nettles, P.A., Charleston, S.C., Nina M. Sankovitch, Natural Resources Defense Council, New York City, for amici curiae.

Before RUSSELL, WIDENER and HALL, Circuit Judges.

WIDENER, Circuit Judge:

These consolidated cases deal with challenges to the judgments of the district court concerning claims that the defendants violated the fifth and fourteenth amendments of the United States Constitution. The district court in Esposito, No. 89-1140, rejected the plaintiffs' claim that South Carolina's Beachfront Management Act (Act) violated the due process and takings clauses of the fifth and fourteenth amendments. In Chavous,...

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