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BURSEY v. S.C. DEPT. OF HEALTH

No. 26166.

369 S.C. 176 (2006)

631 S.E.2d 899

Brett BURSEY and Mining Association of South Carolina, Respondents, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Defendant, and South Carolina Electric and Gas Company, Petitioner.

Supreme Court of South Carolina.

Decided June 19, 2006.

Attorney(s) appearing for the Case

Elizabeth B. Partlow, of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., and Thomas Grant Eppink, of SCANA Corporation, both of Columbia, for petitioner.

Gregory Jacobs English, of Wyche, Burgess, Freeman & Parham, P.A., of Greenville, for respondent, Mining Association of South Carolina.

Brett Bursey, of Lexington, pro se respondent.

Etta R. Williams, of Columbia, for defendant.

Justice MOORE.

We granted a writ of certiorari to review the Court of Appeals' decision in Bursey v. South Carolina Dep't of Health and Envtl. Control, 360 S.C. 135, 600 S.E.2d 80 (Ct.App. 2004). We affirm.

PROCEDURAL FACTS

As part of the dam remediation project on Lake Murray, petitioner (SCE & G) planned a back-up dam to be...

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