SC Appeals Begin Before the Beginning

The South Carolina Supreme Court recently reaffirmed that an appeal begins long before a party files the notice of appeal.

Berry v. South Carolina Dep’t of Health and Environmental Control, 402 S.C. 358, 742 S.E.2d 2 (2013), involves a dispute over a bulkhead. DHEC granted a permit for some property owners to build a replacement bulkhead but required that it be built where the existing one was located. DHEC later ruled that the property owners built the bulkhead in a different place, and issued two administrative orders: (1) a revocation order undoing the permit; and (2) an enforcement order imposing civil penalties for violating the permit.

The property owners appealed the enforcement order to the circuit court rather than the Administrative Law Court. They argued that S.C. Code Ann.

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