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EDISTO AQUACULTURE CORP. v. S.C. WILDLIFE DEPT.

No. 23776.

426 S.E.2d 753 (1993)

EDISTO AQUACULTURE CORPORATION, a South Carolina Corporation, Appellant, v. SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARMENT, and Thomas W. Miller, J.M. Pendarvis, Marion Burnside, Larry C. Owen, George G. Graham, Charles L. Compton, John J. Snow, Jr., John Drummond, and Howard H. Poston, Jr., in their official capacities, collectively known as the Wildlife and Marine Resources Commission, Respondents.

Supreme Court of South Carolina.

Decided January 11, 1993.

Attorney(s) appearing for the Case

O.W. Bannister, Jr., of Hill, Wyatt & Bannister, Greenville, for appellant.

Buford S. Mabry, Jr. and James A. Quinn, both of South Carolina Wildlife and Marine Resources Dept., Columbia, for respondents.

TOAL, Justice:

This case arises on appeal from the trial court's dismissal of Appellant's complaint under Rule 12(b)(6), SCRCP. We AFFIRM.

Facts

The Appellant, Edisto Aquaculture (hereinafter Edisto), operates a shrimp farm on Edisto Island, South Carolina. In order to import and possess a certain species of nonnative shrimp for use in its facility, Edisto must obtain a permit under S.C.Code Ann. §...

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