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BEAUFORT COUNTY v. BUTLER

No. 24160.

451 S.E.2d 386 (1994)

BEAUFORT COUNTY, Respondent, v. Donald S. BUTLER, Appellant.

Supreme Court of South Carolina.

Decided November 28, 1994.

Attorney(s) appearing for the Case

Gilbert Scott Bagnell and Edward A. Frazier, Finkel, Goldberg, Sheftman & Altman, P.A., Columbia, for appellant.

Ladson F. Howell and Stephen P. Hughes, Howell, Gibson & Hughes, P.A., Beaufort, for respondent.

WALLER, Justice:

Appellant, Donald Butler, appeals an order permanently enjoining him from harvesting timber on his property. We affirm the grant of an injunction.

FACTS

A Beaufort County Ordinance prohibits property owners from removing trees with trunks in excess of 8" if the removal is done "in contemplation of development," unless the property owner first obtains a development permit. Timber harvesting is exempt from the permitting requirement...

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