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YAWN v. DORCHESTER COUNTY

No. 20-1584.

1 F.4th 191 (2021)

Mitch Randall YAWN; Juanita Mae Stanley, d/b/a Flowertown Bee Farm and Supplies, Plaintiffs-Appellants, v. DORCHESTER COUNTY, Defendant-Appellee and Town of Summerville; Allen Aviation, Inc.; Al Allen, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: June 11, 2021.

Attorney(s) appearing for the Case

ARGUED: J. David Breemer , PACIFIC LEGAL FOUNDATION, Sacramento, California, for Appellants. Amanda R. Maybank , MAYBANK LAW FIRM, LLC, Charleston, South Carolina, for Appellee. ON BRIEF: W. Andrew Gowder, Jr. , AUSTEN & GOWDER, LLC, Charleston, South Carolina; Michael T. Rose , MIKE ROSE LAW FIRM, PC, Summerville, South Carolina; Kathryn D. Valois , PACIFIC LEGAL FOUNDATION, Palm Beach Gardens, Florida, for Appellants. Roy P. Maybank , Marshall A. Earhart , MAYBANK LAW FIRM, LLC, Charleston, South Carolina, for Appellee.

Affirmed by published opinion. Judge Thacker wrote the opinion, in which Judge King joined. Judge Traxler wrote a concurring opinion.

Juanita Stanley and Mitch Yawn ("Appellants") sued Dorchester County, South Carolina (the "County"), seeking compensation pursuant to the Takings Clause of the Fifth Amendment for the death of their bees. According to Appellants, because the bees died after the County sprayed pesticide in an effort to kill mosquitos, the...

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