Town of Arcadia Lakes v. South Carolina Department of Health and Environmental Control

Syllabus

The order on appeal is the closing chapter of a contested case about a construction project. The project's Developer-Roper Pond LLC-prevailed in a permitting challenge brought by the Town of Arcadia Lakes and several individuals. After the permitting challenge ended, the Administrative Law Court ordered the Town to pay the Developer roughly $205,000 in attorney's fees and costs under a statute that applies when a party sues or is sued by the State or one of its political subdivisions. The ALC also sanctioned the Town $200,000 after finding the Town brought the contested case for the purpose of delaying the project. We reverse.