Legal Opinion
Smiley v. South Carolina Department of Health
Supreme Court of South Carolina
Decided July 30, 2007No. 26365PublishedCited by 4 opinions
1Opinion of the CourtJustice Pleicones
We granted certiorari to review a Court of Appeals’ decision upholding a finding that petitioner (Smiley) lacked standing to challenge a permit issued by respondent DHEC’s Office of Ocean and Coastal Resource Management (OCRM) to respondent Wild Dunes. 1 Smiley v. S.C. Dep’t of Health and Envt’l Control, Op. No.2005-UP-160 (S.C. Ct.App. filed March 7, 2005). We reverse and remand the matter to the Administrative Law Court Division (ALCD).
FACTS
OCRM issued a permit allowing Wild Dunes to periodically excavate sand from the public intertidal beach at the Isle of Palms, if and when erosion…
2Cases cited5 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- United States v. Students Challenging Regulatory Agency Procedures (SCRAP)Supreme Court of the United States · 1973
- Sea Pines Ass'n for the Protection of Wildlife, Inc. v. South Carolina Department of Natural ResourcesSupreme Court of South Carolina · 2001
- Beaufort Realty Co. v. Beaufort CountyCourt of Appeals of South Carolina · 2001
- Commander Health Care Facilities, Inc. v. South Carolina Department of Health & Environmental ControlCourt of Appeals of South Carolina · 2006
3Cited by4 opinions
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- Powell Ex Rel. Kelley v. Bank of Am.Court of Appeals of South Carolina · 2008
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- Young v. South Carolina Department of Health & Environmental ControlCourt of Appeals of South Carolina · 2009