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BEARD v. S.C. COASTAL COUNCIL

23363

304 S.C. 205 (1991)

403 S.E.2d 620

Robert and Alice BEARD, Respondents v. SOUTH CAROLINA COASTAL COUNCIL, Sierra Club, Charleston Natural History Society and South Carolina Wildlife Federation, Appellants.

Supreme Court of South Carolina.

Decided March 11, 1991.

Rehearing Denied April 17, 1991.

Attorney(s) appearing for the Case

C.C. Harness, III, of South Carolina Coastal Council, Charleston, for appellant South Carolina Coastal Council.

James Chandler, Jr., Pawleys Island, for appellants Sierra Club, Charleston Natural History Soc. and South Carolina Wildlife Federation.

Fred B. Newby, Myrtle Beach, for respondents Robert and Alice Beard.

Dwight F. Drake, of Nelson, Mullins, Riley & Scarborough, Columbia, for amicus curiae, S.C. Tourism Council.

Heard June 1, 1990.

Decided March 11, 1991.

Rehearing Denied April 17, 1991.

TOAL, Justice:

This case involves the denial of a permit application to build a bulkhead on beachfront property. The circuit court found that while the permit was properly denied, it constitutes an unconstitutional taking. We find that it does not and therefore reverse.

FACTS

On February 4, 1987, Robert and Alice Beard applied for a permit to construct...

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