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BERRY v. SOUTH CAROLINA DEPT. OF HEALTH

No. 27237.

402 S.C. 358 (2013)

742 S.E.2d 2

Tommy W. BERRY, Sr. and Jo S. Berry, Appellants, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Office of Ocean and Coastal Resource Management, Respondent.

Supreme Court of South Carolina.

Decided March 27, 2013.

Rehearing Denied May 16, 2013.

Attorney(s) appearing for the Case

Howell V. Bellamy, Jr. , and Howell V. Bellamy, III , both of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., of Myrtle Beach, for Appellants.

Bradley D. Churdar , of Charleston and William M. Taylor, Jr. , of Columbia, for Respondent.

Justice KITTREDGE.

This is an appeal from the circuit court's order dismissing the action for lack of subject matter jurisdiction. We affirm.

I.

Appellants own property in North Myrtle Beach that is bounded by water on the west and north. In February 2007, Appellants applied to the Department of Health and Environmental Control ("DHEC") for a critical area permit to construct a replacement bulkhead. The permit application provided:

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