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LUCAS v. S.C. COASTAL COUNCIL

23342

304 S.C. 376 (1991)

404 S.E.2d 895

David H. LUCAS, Respondent v. SOUTH CAROLINA COASTAL COUNCIL, Appellant.

Supreme Court of South Carolina.

Decided February 11, 1991.

Attorney(s) appearing for the Case

C.C. Harness, III, of S.C. Coastal Council, Charleston, for appellant.

Gedney M. Howe, III; and Ellison D. Smith, IV, of Smith & Bundy, Charleston, for respondent. Samuel H. Altman, of Altman & Sturgis, P.A., Charleston, amicus curiae, for NCNB Bank of South Carolina, James S. Chandler, Jr., Pawleys Island, amicus curiae, for Sierra Club and S.C. Wildlife Federation, steven M. Rudisill, Rock Hill; and Ronald A. Zumbruy, Edward J. Connor, Jr., and Timothy V. Kassouni, of Pacific Legal Foundation, Sacramento, Cal., amicus curiae, for Pacific Legal Foundation.

Heard April 2, 1990.

Decided Feb. 11, 1991.

TOAL, Justice:

This appeal concerns whether the enforcement and application of the 1988 Beachfront Management Act to the plaintiff respondent's property is a taking of such property without just compensation.

FACTS

David H. Lucas, the respondent, owns two vacant oceanfront lots in the Beachwood East Subdivision of the wild Dunes development on the Isle of Palms in Charleston County, south...

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