Georgetown County League of Women Voters v. Smith Land Co.

This is an appeal from an order dismissing appellant’s (League’s) declaratory judgment action seeking a declaration that respondent had unlawfully filled wetlands and an injunction requiring it to restore those wetlands. Finding that the circuit court erred in holding that: (1) the South Carolina Department of Health and Environmental Control (DHEC) *352lacks jurisdiction to regulate these wetlands; (2) respondent did not violate the South Carolina Pollution Control Act (Act);1 and (3) the Act does not create a private cause of action, we reverse.

Respondent owns a .332 acre lot in Pawleys Island,…