Town of Sullivan's Island v. Felger

Cureton, Justice:

The Town of Sullivans Island and the State of South Carolina commenced this declaratory judgment action against Milton Felger seeking a judicial determination that Felger’s interest in certain marshlands located on Sullivans Island is limited to the right to plant and harvest oysters. They also asked the court to rule that the interest applies only to intertidal lands, that is, land below the mean high water mark and above the mean low water mark of an adjoining body of water called Conch Creek. Felger asserted fee simple ownership of the marshlands as well as to adjacent…