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LEE v. DEPT. OF NATURAL RESOURCES

No. 25095.

339 S.C. 463 (2000)

530 S.E.2d 112

C. Dixon LEE, III; T. Moffat Burris, Jr.; A.E. Johnston, III; and David W. Nichols, Respondents, v. SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES, Appellant.

Supreme Court of South Carolina.

Decided March 27, 2000.

Rehearing Denied April 20, 2000.

Attorney(s) appearing for the Case

Buford S. Mabry, Jr., and James A. Quinn, both of South Carolina Department of Natural Resources, for appellant.

Brooks P. Goldsmith, of Lancaster, for respondents Lee and Burris.

James W. Bannister, of Greenville, for respondents Johnston and Nichols.

MOORE, Justice:

Respondents Lee and Burris brought a declaratory judgment action against South Carolina Department of Natural Resources (Department) challenging the validity of statutes and regulations prohibiting the hunting of "big game" (turkey, deer, and bear) on Sunday in eighteen Upstate counties. The circuit court granted summary judgment to respondents on the issues relating to deer and turkey hunting. We reverse.

FACTS

Respondents Lee and...

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