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CAPTAIN'S QUARTERS MOTOR INN, INC. v. S.C. COASTAL COUNCIL

23538

306 S.C. 488 (1991)

413 S.E.2d 13

CAPTAIN'S QUARTERS MOTOR INN, INC., and Tropical Winds, Inc., Respondents v. SOUTH CAROLINA COASTAL COUNCIL and The City of Myrtle Beach, Defendants, of whom: South Carolina Coastal Council is Appellant.

Supreme Court of South Carolina.

Decided December 16, 1991.

Rehearing Denied February 4, 1992.

Attorney(s) appearing for the Case

C.C. Harness, Charleston, for appellant.

E. Windell McCrackin, Myrtle Beach, for defendants.

John P. Henry, Conway, for respondents.

Heard October 7, 1991;

Decided December 16, 1991.

Rehearing Denied February 4, 1992.

GREGORY, Chief Justice:

This dispute arises from appellant Coastal Council's interpretation of S.C. Code Ann. § 48-39-290(C) codifying the 1988 Beachfront Management Act, 1988 S.C. Act No. 634, § 3.1 This statute allows a seawall located seaward of the setback line to be rebuilt at its original location after being damaged...

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