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TOWN OF ARCADIA LAKES v. DHEC

Opinion No. 5803.

433 S.C. 47 (2021)

855 S.E.2d 325

TOWN OF ARCADIA LAKES, Robert L. Jackson, Linda Z. Jackson, Robert E. Williams, Barbara S. Williams, Elizabeth M. Walker, Louis E. Spradlin, Mary Helen Spradlin, Thomas Hutto Utsey, Tony Sinclair, Aaron Small, Bette Small, Gene F. Starr, M.D., Elaine J. Starr, Sanford T. Marcus, Ruth L. Marcus, and Steven Brown, Petitioners, Of Which Town of Arcadia Lakes is the Appellant/Respondent, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Respondent, and Roper Pond, LLC, Respondent/Appellant.

Court of Appeals of South Carolina.

Filed February 10, 2021.

Rehearing Denied March 25, 2021.

Attorney(s) appearing for the Case

Amy Elizabeth Armstrong , of South Carolina Environmental Law Project, of Pawleys Island; Michael Gary Corley , of South Carolina Environmental Law Project, of Greenville; and Terry E. Richardson, Jr. , of Richardson Patrick Westbrook & Brickman, LLC, of Barnwell, for Appellant/Respondent.

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

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

The order on appeal is the closing chapter of a contested case about a construction project. The project's Developer— Roper Pond LLC—prevailed in a permitting challenge brought by the Town of Arcadia Lakes (the Town) and several individuals. After the permitting challenge ended...

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