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DNR v. TOWN OF MCCLELLANVILLE

No. 25324.

345 S.C. 617 (2001)

550 S.E.2d 299

SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES, Respondent, v. The TOWN OF McCLELLANVILLE, a body politic, Petitioner.

Supreme Court of South Carolina.

Decided July 23, 2001.

Attorney(s) appearing for the Case

Frances I. Cantwell and Carl W. Stent, of Regan, Cantwell & Stent, of Charleston, for petitioner.

James A. Quinn, of South Carolina Department of Natural Resources, of Charleston; and Buford S. Mabry, Jr., Paul S. League, and Susan S. Quinn, of South Carolina Department of Natural Resources, of Columbia, for respondent.

BURNETT, Justice:

This case involves the interpretation of a restriction contained in a deed of land from the Department of Natural Resources (DNR) to the Town of McClellanville (the town). The Court of Appeals held the town could not charge a permit fee for access to the property. South Carolina Dep't of Natural Resources v. Town of McClellanville, Op. No.2000-UP-165 (Ct.App. filed Mar. 6, 2000). We reverse.

FACTS

In 1991, DNR deeded a 4...

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