COASTAL CONSERV. v. CHARLESTON

Appellate Case No. 2020-001189 Opinion No. 6050.

442 S.C. 409 (2024)

899 S.E.2d 609

SOUTH CAROLINA COASTAL CONSERVATION LEAGUE, INC., Elizabeth M. Smith, Abraham B. Jenkins, Jr., and South Carolina Public Interest Foundation, Plaintiffs, of which South Carolina Coastal Conservation League, Inc., Elizabeth M. Smith, and Abraham B. Jenkins, Jr., are the Appellants. v. CHARLESTON COUNTY, South Carolina, South Carolina Transportation Infrastructure Bank, and South Carolina Department of Transportation, Respondents.

Court of Appeals of South Carolina.

Filed February 21, 2024.


Attorney(s) appearing for the Case

W. Andrew Gowder, Jr., of Austen & Gowder, LLC, of Charleston, and Christopher Kaltman DeScherer, of Southern Environmental Law Center, of Charleston, both for Appellants.

Robert E. Tyson, Jr. and Jasmine Denise Smith, both of Robinson Gray Stepp & Laffitte, LLC, of Columbia, for Respondent South Carolina Transportation Infrastructure Bank.

Barbara Munig Wessinger and Linda C. McDonald, of the South Carolina Department of Transportation, and Andrew F. Lindemann, of Lindemann Law Firm, P.A., of Columbia, both for Respondent South Carolina Department of Transportation.

Michael A. Timbes, of Thurmond Kirchner & Timbes, P.A., of Charleston, and Natalie Armstrong Ham, Bernard E. Ferrara, Jr., and Edward L. Knisley, Jr., of the Charleston County Attorney's Office, all for Respondent Charleston County.


This is an appeal by the South Carolina Coastal Conservation League and two individuals (collectively, Appellants). Appellants brought this case seeking declaratory and injunctive relief that would prohibit Charleston County from using "penny tax" funds for a project colloquially known as the "Mark Clark Extension." Appellants also alleged...

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