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TOWN OF SULLIVAN'S ISLAND v. FELGER

No. 2342.

457 S.E.2d 626 (1995)

TOWN OF SULLIVAN'S ISLAND and State of South Carolina, Respondents, v. Milton R. FELGER, Appellant.

Court of Appeals of South Carolina.

Decided May 1, 1995.

Rehearing Denied August 3, 1995.

Attorney(s) appearing for the Case

Gerald M. Finkel and Gilbert Scott Bagnell, both of Finkel, Goldberg, Sheftman & Altman, Columbia, for appellant.

Atty. Gen. T. Travis Medlock and Sr. Asst. Atty. Gen. Kenneth P. Woodington, Columbia, and Lawrence A. Dodds, Jr., Mt. Pleasant, for respondents.

CURETON, Judge:

The Town of Sullivan's Island and the State of South Carolina commenced this declaratory judgment action against Milton Felger seeking a judicial determination that Felger's interest in certain marshlands located on Sullivan's Island is limited to the right to plant and harvest oysters. They also asked the court to rule that this interest applies only to intertidal lands, that is, land below the mean high water mark and above the mean low water mark...

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