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2004-MO-028 - Lemon Island Marina, Inc. v. Beaufort County

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court

Lemon Island Marina, Inc., and E. Legrand Lowther,        Respondents,

v.

Beaufort County and Beaufort-Jasper Water and Sewer Authority, Defendants, Of Which Beaufort County is,        Appellant.


Appeal From Beaufort County
Thomas Kemmerlin, Special Circuit Court Judge


Memorandum Opinion No. 2004-MO-028
Heard May 12, 2004 - Filed June 7, 2004


AFFIRMED IN PART; REVERSED AND REMANDED IN PART


James S. Gibson, Jr., and Mary Bass Lohr, both of Howell Gibson & Hughes, P.A., of Beaufort, for Appellant.

H. Fred Kuhn, Jr., of Moss, Kuhn & Fleming, P.A., of Beaufort, for Respondents.


PER CURIAM:  Issue 1: Reversed and remanded pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Rule 56(c), SCRCP; Fleming v. Rose, 350 S.C. 488, 567 S.E.2d 857 (2002) (if there is a genuine issue of material fact, summary judgment is not appropriate); Henderson v. Gould, Inc., 288 S.C. 261, 341 S.E.2d 806 (Ct. App. 1986)(same). Issue 2:  Appellant conceded at oral argument that there is no administrative remedy available to Respondents.  Also, Appellants have not met their burden of presenting a sufficient record from which an intelligent review can be conducted. See Burroughs v. Worsham, 352 S.C. 382, 574 S.E.2d 215 (Ct. App. 2002).  The trial judge’s ruling is affirmed.

TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.