Captain's Quarters Motor Inn, Inc. v. South Carolina Coastal Council

Gregory, Chief Justice:

This dispute arises from appellant Coastal Council’s interpretation of S.C. Code Ann. § 48-39-290(C) codifying the 1988 Beachfront Management Act, 1988 S.C. Act No. 634, § 3. This statute allows a seawall located seaward of the setback line to be rebuilt at its original location after being damaged by a natural disaster only if it is determined to be “less than fifty percent damaged.” Coastal Council determined respondents’ seawalls were more than fifty percent damaged under its damage assessment criteria and refused permits to rebuild at the original locations. The…