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YORK COUNTY v. S.C. DEPT. OF HEALTH

No. 4940.

397 S.C. 217 (2012)

723 S.E.2d 255

YORK COUNTY, Appellant, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL and C & D Management Company, LLC, Respondents.

Court of Appeals of South Carolina.

Decided February 8, 2012.

Rehearing Denied March 29, 2012.

Attorney(s) appearing for the Case

Amy E. Armstrong and James S. Chandler, Jr. , both of Pawleys Island, for Appellant.

Susan A. Lake , of Columbia, for Respondent South Carolina Department of Health and Environmental Control.

W. Thomas Lavender, Jr. , and Joan W. Hartley , both of Columbia, and Leon C. Harmon , of Greenville, for Respondent C & D Management Company, LLC.

FEW, C.J.

The South Carolina Department of Health and Environmental Control (DHEC) issued C & D Management Company a permit for a construction, demolition, and land-clearing debris landfill in York County. The County challenged that decision before the Administrative Law Court (ALC), which ruled in favor of C & D Management. The County appeals the ALC's judgment, arguing DHEC impermissibly ignored a County ordinance purporting to impose a moratorium on the...

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