COASTAL CON. LEAGUE v. DEPT. OF HEALTH

No. 25944.

363 S.C. 67 (2005)

610 S.E.2d 482

S.C. COASTAL CONSERVATION LEAGUE, Coastal Conservation Association — South Carolina, Beth Keyserling-Kramer, Frank DeMarco, Karen DeMarco, Joseph Mueller, Mary Mueller, Vicky Snowden, John Snowden, Janice Maize, John Maize, Kerry Solomon, Cindi Solomon, Julie Gautreaux, Wilson Gautreaux, and Gerald Hazin, Respondents, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Office of Ocean and Coastal Resource Management, and LandTech of Charleston, L.L.C., Appellants.

Supreme Court of South Carolina.

Decided February 22, 2005.

Rehearing Denied April 7, 2005.


Attorney(s) appearing for the Case

Leslie West Stidham, of Charleston, for Appellant South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management; Ellison D. Smith, IV, of Smith, Bundy, Bybee & Barnett, of Mt. Pleasant, and James B. Richardson, of Richardson & Birdsong, of Columbia, for Appellant LandTech of Charleston, L.L.C.

G. Trenholm Walker and Amanda Rajsich Maybank, both of Pratt-Thomas, Epting & Walker, PA, of Charleston, for Respondents.

Neil C. Robinson, Jr. and Paul A. Dominick, both of Nexsen Pruet Adams Kleemeier, LLC, of Charleston, for Amicus Curiae South Carolina Tourism Council, Inc.


Justice PLEICONES:

This case involves a permit to build a concrete bridge for vehicular traffic over "critical area" as defined in South Carolina Code section 48-39-10(J).1 The South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management (OCRM) granted the permit. After a contested hearing, the Administrative Law Judge Division (ALJD) upheld the grant. On appeal the Coastal Zone Management...

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