ELR Citation: ELR 20401
No(s). D:88-3073-1 (D.S.C. Oct 12, 1989)

The court holds that amendments to the South Carolina Beachfront Management Act preventing construction within 20 feet of the coastal baseline do not violate the Due Process Clause because the statutes are substantially related to an important state interest. The statutes seek to protect the beaches by creating a no-construction zone. The court initially holds that plaintiff's claim that the Act constitutes a taking is not ripe, since plaintiff may petition for a change in the boundaries of the no-construction zone. Even assuming the claim is ripe, the claim would fail because the statutes are substantially related to a legitimate government interest and do not deprive owners of existing houses of all economically viable uses. The court also holds that the statutes do not violate the Contracts Clause because the contract for sale was signed after the statutes were enacted.

Counsel for Plaintiffs
Randall Chastain
Lourie, Curlee, Barrett & Popowski
1224 Pickens St., P.O. Box 12089, Capitol Station, Columbia SC 29211
(803) 799-9805

John V. Esposito
P.O. Box 5705, Hilton Head SC 29938
(304) 752-7300

Counsel for Defendants
C.C. Herness III, General Counsel
South Carolina Coastal Council
Saber Pl., Ste. 300, Charleston SC 29405
(803) 744-5838

Joseph R. Barker
Bethea, Jordan & Griffin
Shelter Cove Executive Park, Ste. 400, 23-B Shelter Cove Lane, P.O. Drawer 3, Hilton Head SC 29938-5666
(803) 785-2171