Bursey v. South Carolina Department of Health & Environmental Control

I respectfully dissent. In my opinion, the circuit court erred in applying the standard of review found in the Administrative Procedures Act (APA)4 rather than the de novo standard found in S.C.Code Ann. § 18-7-170 (1985). I would therefore vacate both the Court of Appeals’ decision and the circuit court’s order and remand for reconsideration of SCE & G’s appeal.

It is well-settled that a specific statute controls over a more general one, e.g., Capco of Summerville, Inc. v. J.H. Gayle Const. Co., Inc., 368 S.C. 137, 628 S.E.2d 38 (2006), and that a more recent legislative enactment prevails…