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ANTON v. SOUTH CAROLINA COASTAL COUNCIL

No. 24408.

469 S.E.2d 604 (1996)

Shickrey ANTON, Appellant, v. SOUTH CAROLINA COASTAL COUNCIL, and South Carolina Wildlife and Marine Resources Department, Defendants, of whom South Carolina Coastal Council is Respondent.

Supreme Court of South Carolina.

Decided April 15, 1996.

Attorney(s) appearing for the Case

A. Camden Lewis and Pete Kulmala, both of Lewis, Babcock & Hawkins, Columbia, for appellant.

Mary D. Shahid, of South Carolina Coastal Council, Charleston, for respondent.

FINNEY, Chief Justice:

This is an appeal from an order granting a motion to dismiss appellant Shickrey Anton's complaint for failure to state a cause of action. We affirm in part and reverse in part.

Appellant applied for a permit to place earth fill on his property located on Hilton Head Island. Appellant's property is under the jurisdiction of the Army Corps of Engineers (Corps) because part of his land has been declared jurisdictional wetlands. As a result...

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