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TOO TACKY PARTNERSHIP v. S.C. DHEC

No. 4616.

386 S.C. 32 (2009)

686 S.E.2d 194

TOO TACKY PARTNERSHIP, Appellant, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL and Mayo Read, Jr., Respondents.

Court of Appeals of South Carolina.

Decided September 9, 2009.

Withdrawn, Substituted and Refiled November 24, 2009.

Attorney(s) appearing for the Case

John P. Seibels, Jr. and Jason Scott Luck, both of Charleston, for Appellant.

Carlisle Roberts, Jr., of Columbia; Davis A. Whitfield-Cargile, of North Charleston; and Elizabeth Applegate Dieck, of Charleston, for Respondent South Carolina Department of Health and Environmental Control; Richard L. Tapp, Jr. and Stephen P. Groves, Sr., both of Charleston, for Respondent Mayo Read, Jr.

KONDUROS, J.

Too Tacky Partnership (Too Tacky) appeals the South Carolina Department of Health and Environmental Control's (DHEC) issuance of a permit allowing Mayo Read, Jr. to construct a dock. We affirm.

PROCEDURAL BACKGROUND/FACTS

In 1992, Too Tacky purchased a parcel of land (Lot 4) bordering the Leadenwah River. Lots 1, 2, 3, and 4 are side-by-side with Lot 3 positioned along the western border of Lot 4. The lots all belonged to a common owner...

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