Coburg Dairy, Inc. v. Lesser

Moore, Justice:

This is an action to quiet title to marshland along Wappoo Creek in Charleston County. The master quieted title in respondent (Coburg). We reverse.

FACTS

Wappoo Creek is a navigable tidal stream. The marshland in question includes two small islands. Appellant Coastal Council granted a permit to appellant Melvin Lesser to build a walkway over the marsh to the larger island and from there to a floating dock on the creek. When Lesser began construction, Coburg commenced this action claiming it was fee simple owner of the marsh and islands. The master quieted title in Coburg.

On…