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NEAL v. BROWN

No. 26707.

383 S.C. 619 (2009)

682 S.E.2d 268

David NEAL, Respondent, v. Don H. BROWN and South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, Defendants, of whom Don H. Brown is the Petitioner.

Supreme Court of South Carolina.

Decided August 24, 2009.

Rehearing Denied September 16, 2009.

Attorney(s) appearing for the Case

Andrew Epting, Jr., of Charleston, Clayton B. McCullough, and Daniel S. McQueeney, Jr., both of Pratt-Thomas & Walker, of Charleston, for Petitioner.

Michael A. Molony and Lea B. Kerrison, both of Young, Clement Rivers, of Charleston, for Respondent.

Chief Justice TOAL:

In this case, the Office of Ocean and Coastal Resource Management (OCRM) granted Respondent's application for a dock permit, and Petitioner appealed to the administrative law court (ALC). The ALC affirmed, and Petitioner appealed to OCRM's Appellate Panel, which reversed the grant of the permit. Respondent appealed to the circuit court, which affirmed the Appellate Panel's ruling. Respondent then appealed the Court of Appeals, which reversed the...

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