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S.C. COASTAL CONSERVATION v. S.C. DHEC

No. 3358.

345 S.C. 525 (2001)

548 S.E.2d 887

SOUTH CAROLINA COASTAL CONSERVATION LEAGUE and Sierra Club, Appellants, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVRONMENTAL CONTROL, Office of Ocean and Coastal Resource Management; Port Royal Plantation; and Town of Hilton Head Island, Respondents.

Court of Appeals of South Carolina.

Decided June 18, 2001.

Attorney(s) appearing for the Case

James S. Chandler, Jr., of South Carolina Environmental Law Project, of Pawleys Island, for appellants.

Curtis L. Coltrane, of Coltrane & Alford, of Hilton Head Island and Mary D. Shahid, of DHEC Office of Ocean & Coastal Resource Management, of Charleston, for respondents.

Amicus Curiae: C.C. Harness, III, and Grahame E. Holmes, both of Mt. Pleasant, for DeBordieu Colony Community Association, Inc.

SHULER, Judge:

The circuit court affirmed a summary judgment order of the Administrative Law Judge Division (ALJD), upholding a permit issued by the Department of Health and Environmental Control (DHEC) allowing Port Royal Plantation to refurbish a groin field and construct new groins along the beach on Hilton Head Island. South Carolina Coastal Conservation League (SCCCL) and Sierra Club appeal, arguing the South Carolina Beachfront Management Act prohibits such...

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