Bruning v. Scdhec

I concur with most of the majority opinion. However, I must depart with the majority’s analysis in section V pertaining to the project’s proximity to shellfish beds.

Initially, I disagree with the majority’s statement that the question of interpreting the shellfish bed provision in the Stormwater Runoff Storage Requirements is unpreserved. In Appellants’ request for a contested case hearing, they referenced, through incorporation of an attached exhibit, the shellfish bed provision as one of the grounds on which they sought a hearing. This ground logically subsumes the question of the…