Legal Opinion

Town of Arcadia Lakes v. South Carolina Department of Health & Environmental Control

Court of Appeals of South Carolina

Decided March 6, 2013No. Appellate Case No. 2010-159446; No. 5095PublishedCited by 1 opinion

1Opinion of the CourtThomas, J.

The Town of Arcadia Lakes (Town) and various individuals appeal a decision by the Administrative Law Court (ALC) *520upholding the authorization by the South Carolina Department of Health and Environmental Control (DHEC) of coverage for certain land-disturbing activities under a State General Permit. We affirm.

FACTS AND PROCEDURAL HISTORY

Respondent Roper Pond, LLC (Roper) is the owner and developer of 12.75 acres of real property on Trenholm Road in an unincorporated area of Richland County. The property includes 1.8 acres consisting of wetlands and waters that were identified by the United…

2Cases cited16 opinions

Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
Futch v. McAllister Towing of Georgetown, Inc.Supreme Court of South Carolina · 1999
Rapanos v. United StatesSupreme Court of the United States · 2006
Shealy v. Aiken CountySupreme Court of South Carolina · 2000
Joytime Distributors & Amusement Co. v. StateSupreme Court of South Carolina · 1999

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3Cited by1 opinion

Town of Arcadia Lakes v. South Carolina Department of Health and Environmental ControlCourt of Appeals of South Carolina · 2021