Legal Opinion

Jowers v. S.C. Dep't of Health & Envtl. Control

Supreme Court of South Carolina

Decided May 30, 2018No. Appellate Case 2016-000428; Opinion 27725PublishedCited by 5 opinions

1Opinion of the Court

JUSTICE FEW :

*449 This is a challenge to the registration provisions in the Surface Water Withdrawal Act. The plaintiffs claim those provisions are an unconstitutional taking, a violation of due process, and a violation of the public trust doctrine. The circuit court granted summary judgment against the plaintiffs on the grounds the case does not present a justiciable controversy, both because the plaintiffs lack standing and the dispute is not ripe for judicial determination. We affirm.

We originally decided this case in an opinion filed July 19, 2017. Jowers v. S.C. Dep't of Health & Envtl.…

2Cases cited35 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Shively v. BowlbySupreme Court of the United States · 1894
  3. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
  4. Martin v. Lessee of WaddellSupreme Court of the United States · 1842
  5. Phillips Petroleum Co. v. MississippiSupreme Court of the United States · 1988

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3Cited by5 opinions

  1. Ziegler v. Dorchester CountySupreme Court of South Carolina · 2019
  2. Bailey v. SC State ElectionSupreme Court of South Carolina · 2020
  3. Crescent Homes SC, LLC v. CJN, LLCCourt of Appeals of South Carolina · 2024
  4. Jessica Bennett v. ACS Primary Care Physicians-Southeast P.C.Court of Appeals of South Carolina · 2024
  5. Opternative, Inc. v. South Carolina Board of Medical ExaminersCourt of Appeals of South Carolina · 2021

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