KIAWAH v. DEPT. OF HEALTH AND ENVIR.

No. 27065.

411 S.C. 16 (2014)

766 S.E.2d 707

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 December 10, 2014.


Attorney(s) appearing for the Case

Jacquelyn Sue Dickman , of Columbia, Bradley D. Churdar , of Charleston, Amy E. Armstrong , of the South Carolina Environmental Law Project, of Pawleys Island, Robert T. Bockman , of Columbia, and Davis A. Whitfield-Cargile , of Brevard, NC, for Appellants.

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

Attorney General Alan M. Wilson , Chief Deputy Attorney General John W. McIntosh , Solicitor General Robert D. Cook , and Assistant Attorney General T. Parkin Hunter , and C. Mitchell Brown and A. Mattison Bogan , both of Nelson Mullins Riley & Scarborough, LLP, all of Columbia, for Amicus Curiae, Savannah River Maritime Commission.

Frank S. Holleman , of the Southern Environmental Law Center, of Chapel Hill, NC, and J. Wesley Earnhardt , Michael P. Addis , and Margaret B. Hoppin , all of Cravath, Swaine & Moore, LLP, of New York, for Amicus Curiae, The South Carolina Nature-Based Tourism Association.

Jordan R. Israel , of Washington, D.C., for Amicus Curiae, Inlet Cove Homeowners Association, Kayak Charleston, LLC, South Carolina Paddlesports Industry Association, and Friends of the Kiawah River.

James B. Richardson, Jr. , of Columbia, for Amicus Curiae, South Carolina Manufacturer's Alliance.

Michael Robert Hitchcock , of Columbia, for Intervenors.


Our State's tidelands are a precious public resource held in trust for the people of South Carolina. While the tidelands are a finite resource, a bevy of competing environmental, economic, and social uses seek to lay claim to them. The legislative branch has made the policy decisions as to how those uses should be balanced in order...

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