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QUERY v. BURGESS

No. 4178.

371 S.C. 407 (2006)

639 S.E.2d 455

O. Grady QUERY, Appellant, v. Carmen BURGESS and State of South Carolina, Respondents.

Court of Appeals of South Carolina.

Decided November 13, 2006.

Rehearing Denied January 18, 2007.

Attorney(s) appearing for the Case

Kerry W. Koon and Philip A. Middleton, of Charleston, for Appellant.

Assistant Deputy Attorney General J. Emory Smith, of Columbia; Ben A. Hagood, Jr., of Mt. Pleasant, for Respondents.

KITTREDGE, J.:

This is an action to determine title to real property. Appellant O. Grady Query brought a declaratory judgment action against respondents Carmen Burgess and the State of South Carolina seeking to establish ownership over certain marshlands abutting his Folly Beach property. The master found Query did not own the marshlands. The master concluded the State owned the marshlands based on the "public trust doctrine." Query appeals, and we affirm.

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