Legal Opinion

Bailey v. South Carolina Department of Health

Court of Appeals of South Carolina

Decided April 6, 2010No. 4673PublishedCited by 2 opinions

1Opinion of the CourtShort, J.

In this dispute involving a dock, James Bailey appeals from the Administrative Law Court’s (ALC) order, arguing the ALC erred in: (1) finding the dock was a private dock; (2) failing to remand the permit application for consideration of the use of the proposed construction and the impact of the use on Bailey; and (3) determining Bailey lacked legal standing to contest the permit decision. We affirm.

FACTS

James Bailey, a landowner and part-time resident of Wadmalaw Island (the Island) in South Carolina, challenged DHEC’s decision to issue a permit to Jean Townsend, a nearby property owner, for…

2Cases cited9 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Futch v. McAllister Towing of Georgetown, Inc.Supreme Court of South Carolina · 1999
  3. Reliance Insurance v. SmithCourt of Appeals of South Carolina · 1997
  4. Leventis v. South Carolina Department of Health & Environmental ControlCourt of Appeals of South Carolina · 2000
  5. Commissioners of Public Works v. South Carolina Department of Health & Environmental ControlCourt of Appeals of South Carolina · 2007

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Town of Arcadia Lakes v. South Carolina Department of Health & Environmental ControlCourt of Appeals of South Carolina · 2013
  2. Opternative, Inc. v. South Carolina Board of Medical ExaminersCourt of Appeals of South Carolina · 2021

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