Beaufort County v. Butler

Waller, Justice:

Appellant, Donald Butler, appeals an order permanently enjoining him from harvesting timber on his property. We affirm the grant of an injunction.

FACTS

A Beaufort County Ordinance prohibits property owners from removing tress with trunks in excess of 8" if the removal is done “in contemplation of development,” unless the property owner first obtains a development permit. Timber harvesting is exempt from the permitting requirement if not done in contemplation of development.

Butler owns a large parcel of land known as Laurel Hill Plantation in Beaufort County. He originally…