Carter v. South Carolina Coastal Council

Ness, Justice:

Respondent Robert W. Carter applied for a permit to raise the elevation of approximately 5.3 acres of marshland adjacent to Scott Creek at Edisto Island in Colleton County. This request was denied by the appellant South Carolina Coastal Council. The circuit court reversed appellant’s decision.

Appellant South Carolina Coastal Council now contends the circuit court erred in concluding the Council’s original determination was (1) not supported by substantial evidence in the record; and (2) an unreasonable exercise of the State’s police power. We agree with appellant’s contention…