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KIAWAH DEVELOPMENT PARTNERS v. S.C. DHEC

Appellate Case No. 2010-155629. No. 27065.

401 S.C. 570 (2013)

738 S.E.2d 455

KIAWAH DEVELOPMENT PARTNERS, II, Respondent, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Appellant. and South Carolina Coastal Conservation League, Appellant, v. South Carolina Department of Health and Environmental Control and Kiawah Development Partners, II, of whom South Carolina Department of Health and Environmental Control is, Appellant, and Kiawah Development Partners, II, is, Respondent.

Supreme Court of South Carolina.

Refiled February 27, 2013.

Attorney(s) appearing for the Case

Jaquelyn Sue Dickman and Bradley David Churder , of South Carolina Department of Health and Environmental Control, both of Columbia, Davis Arjuna Whitfield-Cargile , of McDougall Law Firm, of Beaufort, and Amy Armstrong , of Pawley's Island, for Appellants.

Gedney M. Howe, III of Gedney M. Howe III, PA, and George Trenholm Walker of Pratt-Thomas Walker, PA, both of Charleston, for Respondent.

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Deputy Attorney General Robert Cook , Assistant Attorney General Parkin Hunter , all of Columbia, for Amicus Curiae of Savannah.

C. Mitchell Brown and A. Mattison Bogan , of Nelson Mullins Riley & Scarborough LLP, both of Columbia, for Amicus Curiae.

Chief Justice TOAL:

This case is an appeal from an administrative law court's (ALC) decision authorizing Kiawah Development Partners (Respondent) to construct a bulkhead and revetment on Captain Sam's Spit (the Spit) on Kiawah Island. We affirm.

FACTS/PROCEDURAL BACKGROUND

Kiawah Island is a barrier island fronting the Atlantic Ocean with over ten miles of beachfront. The island is bounded on the south by...

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