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York County And Nazareth Baptist Church of Rock Hill, Inc. v. South Carolina Department of Health And Environmental Control

Supreme Court of South Carolina

May 14, 2014

York County and Nazareth Baptist Church of Rock Hill, Inc., Defendants, of whom York County is Petitioner,
v.
South Carolina Department of Health and Environmental Control and C & D Management Company, LLC, Respondents

Heard May 6, 2014

Appellate Case No. 2012-212041. Appeal From The Administrative Law Court. Carolyn C. Matthews, Administrative Law Judge.

Amy Elizabeth Armstrong, of South Carolina, Environmental Law Project, of Pawleys Island, for Petitioner.

W. Thomas Lavender, Jr., Leon C. Harmon, and Joan W. Hartley, all of Nexsen Pruet, LLC, of Columbia, and Susan A. Lake, of Columbia, for Respondents.

TOAL, C.J., PLEICONES, KITTREDGE, HEARN, JJ., and Acting Justice James E. Moore, concur.

OPINION

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

PER CURIAM

We granted certiorari to review the court of appeals' opinion in York County v. South Carolina Department of Health & Environmental Control, 397 S.C. 217, 723 S.E.2d 255 (S.C. Ct. App. filed 2012), which affirmed the administrative law court's final order upholding the South Carolina Department of Health and Environmental Control's issuance of a commercial construction, demolition waste and land-clearing debris landfill to C& [408 S.C. 181] D Management Company, LLC. We now dismiss the writ as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

TOAL, C.J., PLEICONES, KITTREDGE, HEARN, JJ., and Acting Justice James E. Moore, concur.


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