BROWN v. SC DHEC

No. 25420.

348 S.C. 507 (2002)

560 S.E.2d 410

Mike BROWN, Howard Tharpe, Interstate Speedway, Inc., and Interstate Speedway, Appellants, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVRONMENTAL CONTROL, Office of Ocean and Coastal Resource Management and Lisa M. Hadstate, Respondents.

Supreme Court of South Carolina.

Decided February 25, 2002.

Rehearing Denied March 21, 2002.


Attorney(s) appearing for the Case

Christopher McG. Holmes, of Charleston, for appellants.

Mary D. Shahid, of Charleston, for respondent South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management; Robert Guild, of Columbia, for respondent Lisa M. Hadstate.

James S. Chandler, Jr., of Georgetown, for Amici Curiae South Carolina Coastal Conservation League, Sierra Club, National Audubon Society, and South Carolina Wildlife Federation; Neil C. Robinson, Jr., of Nexsen, Pruet, Jacobs, Pollard & Robinson, LLC, of Charleston, for Amicus Curiae South Carolina Tourism Council, Inc.


Justice BURNETT:

This appeal concerns an application for a stormwater permit to construct a motor speedway. We affirm in part and reverse in part and remand this matter to the Administrative Law Judge (ALJ) for the purpose of determining whether a consistency review meeting the requirements of the Coastal Management Program had been conducted.

FACTS

In September 1995, Appellants Mike Brown and Howard Tharpe, principals of Interstate Speedway...

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