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SIERRA CLUB v. KIAWAH RESORT ASSOCIATES

No. 24121.

456 S.E.2d 397 (1995)

SIERRA CLUB, Richard Geronimo, and Diether Klingelnberg, Appellants, v. KIAWAH RESORT ASSOCIATES, South Carolina Coastal Council, and South Carolina Department of Health and Environmental Control, Respondents.

Supreme Court of South Carolina.

Decided March 27, 1995.

Attorney(s) appearing for the Case

James S. Chandler, Jr., Pawleys Island and Daryl G. Hawkins of Lewis, Babcock & Hawkins, Columbia, for appellants.

C.C. Harness, III, Charleston, for respondent South Carolina Coastal Council; Samuel L. Finklea, III, and Walton J. McLeod, III, Columbia, for South Carolina Dept. of Health and Environmental Control; Thomas Dewey Wise, G. Trenholm Walker and Robert B. Ransom all of Wise & Cole, P.A.; and Ellison D. Smith, IV of Smith, Bundy & Bybee, Charleston, for respondent Kiawah Resort Associates.

TOAL, Justice:

We granted rehearing to consider our opinion in this case. The prior opinion in Sierra Club v. Kiawah Resort Associates, Op. No. 24121, (S.C.Sup.Ct. Filed July 18, 1994) (Davis Adv. Sh. 17 at 7) is vacated and the following substituted in its place.

Appellants appeal the circuit court order affirming the Coastal Council's issuance of thirty-six dock permits on Kiawah Island, the decision of...

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