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LOWCOUNTRY OPEN LAND TRUST v. STATE

No. 3388.

347 S.C. 96 (2001)

552 S.E.2d 778

LOWCOUNTRY OPEN LAND TRUST, Respondent, v. STATE of South Carolina and James A. Atkins, of Whom James A. Atkins is, Appellant.

Court of Appeals of South Carolina.

Decided September 10, 2001.

Attorney(s) appearing for the Case

Newman Jackson Smith, of Nelson, Mullins, Riley & Scarborough, of Charleston; and Kenneth P. Woodington, of Columbia, for appellant.

W. Foster Gaillard and Elizabeth Henry Warner, both of Buist, Moore, Smythe & McGee, of Charleston, for respondent.

SHULER, J.:

In this quiet title action, James A. Atkins appeals the master-in-equity's ruling that Lowcountry Open Land Trust, as fee simple owner of tidelands adjoining the Ashley River, can bar Atkins from "wharfing out" over its land to obtain access to the river. We affirm.

FACTS/PROCEDURAL HISTORY

By deed dated June 7, 1991, the Legare family donated 448.40 acres of marshland on the west bank of the Ashley River to Lowcountry Open Land Trust...

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