Brownlee v. South Carolina Department of Health & Environmental Control

GOOLSBY, J.:

I respectfully dissent.

Samuel Brownlee and Richard Jolly (collectively, “Landowners”) brought this action against the South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management (“OCRM”), after it denied their requests for construction permits to extend two private docks to a nearby river. Upon review, an Administrative Law Judge (“ALJ”) ordered OCRM to issue the permits. On appeal, the Coastal Zone Management Appellate Panel (the “Appellate Panel”) reversed the ALJ and reinstated the denial of the permits. The circuit court…