Guerard v. Whitner

Harwell, Justice:

The appellants except to the order of the circuit judge which affirms the South Carolina Coastal Council’s action in granting respondent William C. Whitner a permit to construct a marina. We affirm.

Appellants contend that the lower court erred by using a substantial evidence standard of review in affirming the decision of the respondent Coastal Council. Appellants, comprised of parties in opposition to the creation of a marina by Whitner on John’s Island in Charleston County, allege that a complete de novo hearing should have been conducted by the circuit judge. We disagree.

Th…