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WOOTEN v. SOUTH CAROLINA COASTAL COUNCIL

No. 24878.

333 S.C. 469 (1999)

510 S.E.2d 716

Victoria F. WOOTEN, Respondent, v. SOUTH CAROLINA COASTAL COUNCIL, n/k/a South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, Appellant.

Supreme Court of South Carolina.

Decided January 18, 1999.

Rehearing Denied February 25, 1999.

Attorney(s) appearing for the Case

Mary D. Shahid, Chief Counsel, of South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, for appellant.

Howell V. Bellamy, Jr., and Douglas M. Zayicek, both of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, of Myrtle Beach, for respondent.

MOORE, Justice:

This is a regulatory taking case. The master found a taking had occurred and awarded respondent $59,000. We reverse.

FACTS

On February 19, 1991, respondent Victoria Wooten (Wooten) applied for a permit to build a bulkhead1 and place fill material on a lot which she owned in Cherry Grove. The permit was denied by appellant (Coastal Council)

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