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A.O. SMITH CORP. v. SOUTH CAROLINA DHEC

Opinion No. 5682.

428 S.C. 189 (2019)

833 S.E.2d 451

A.O. SMITH CORPORATION, Appellant, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL and Town of McBee, Respondents.

Court of Appeals of South Carolina.

Filed August 28, 2019.

Attorney(s) appearing for the Case

W. Thomas Lavender, Jr. and Joan Wash Hartley , both of Nexsen Pruet, LLC, of Columbia, for Appellant.

Martin S. Driggers, Jr. , of Sweeny Wingate & Barrow, PA, of Hartsville; Richard Edward Mclawhorn, Jr. , of Sweeny Wingate & Barrow, PA, of Columbia; Kathryn Susan Mansfield , of Womble Bond Dickinson (US) LLP, of Charleston; and Matthew Todd Carroll and Belton Townsend Zeigler , both of Womble Bond Dickinson (US) LLP, of Columbia, all for Respondent Town of McBee.

Stephen Philip Hightower , of Columbia, for Respondent South Carolina Department of Health and Environmental Control.

A.O. Smith Corporation appeals the dismissal of its contested case regarding the Town of McBee's (the Town) operation of the Town's wells, arguing the administrative law court (ALC) erred in finding final approvals are not staff decisions subject to appeal under section 44-1-60 of the South Carolina Code (2018 & Supp. 2018) because...

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