ELR Citation: ELR 20919
No(s). D:89-0216-1 (D.S.C. Mar 27, 1990)

The court enjoins implementation of the South Carolina Beachfront Management Act's prohibitions on constructing new buildings on vacant lots adjacent to the Atlantic Ocean. The court previously held that the Act constitutes a taking of plaintiff's property. However, the court holds that the Eleventh Amendment's immunity for state agencies prohibits the court from awarding money damages for the landowners' losses to date. South Carolina has not waived its immunity by participating in this lawsuit, nor has South Carolina legislatively waived its immunity.

[A previous decision in this litigation is published at 20 ELR 20393. Related cases appear at 20 ELR 20397 and 20401.]

Counsel for Plaintiffs
John Esposito
P. O. Drawer 5705, Hilton Head SC 29938
(803) 785-6959

Counsel for Defendants
Nancy Pecklenburg
South Carolina Coastal Council
4130 Faber Pl., Charleston SC 29405
(803) 744-5838