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McQUEEN v. SOUTH CAROLINA

No. 25108.

340 S.C. 65 (2000)

530 S.E.2d 628

Sam B. McQUEEN, Respondent, v. SOUTH CAROLINA COASTAL COUNCIL, n/k/a South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, Petitioner.

Supreme Court of South Carolina.

Decided April 17, 2000.

Rehearing Denied May 24, 2000.

Attorney(s) appearing for the Case

Mary D. Shahid, of South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, of Charleston, for petitioner.

Ronald R. Norton, of Conway, for respondent.

James S. Chandler, Jr., of Pawleys Island, for Amicus Curiae South Carolina Environmental Law Projects.

Glenn Sugameli, of National Wildlife Federation, of Washington, D.C., for Amicus Curiae National Wildlife Federation and South Carolina Wildlife Federation.

BURNETT, Justice:

Petitioner South Carolina Coastal Council1 appeals the decision of the Court of Appeals holding Coastal Council's denial of permits to bulkhead and fill lots owned by respondent constituted a taking requiring just compensation. McQueen v. South Carolina Coastal Council, 329 S.C. 588, 496 S.E.2d 643 (Ct.App.1998). We reverse.

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