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COBURG DAIRY, INC. v. LESSER

No. 24263.

458 S.E.2d 547 (1995)

COBURG DAIRY, INC., Respondent, v. Melvin J. LESSER, South Carolina Coastal Council, and The State of South Carolina, Appellants.

Supreme Court of South Carolina.

Decided June 19, 1995.

Rehearing Denied August 12, 1995.

Attorney(s) appearing for the Case

T. Travis Medlock, Atty. Gen., and Kenneth Woodington, Sr. Asst. Atty. Gen., Columbia, for appellant State of S.C.

Mary D. Shahid, Charleston, for appellant S.C. Coastal Council.

Newman Jackson Smith, Nelson, Mullins, Riley & Scarborough, Charleston, for appellant Melvin J. Lesser.

Thomas S. Tisdale, Jr., and Stephen P. Groves, Young, Clement, Rivers & Tisdale, Charleston, for respondent.

MOORE, Justice:

This is an action to quiet title to marshland along Wappoo Creek in Charleston County. The master quieted title in respondent (Coburg). We reverse.

FACTS

Wappoo Creek is a navigable tidal stream. The marshland in question includes two small islands. Appellant Coastal Council granted a permit to appellant Melvin Lesser to build a walkway over the marsh to the larger island and from there to a floating dock on the creek. When...

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