Court of Appeals of South Carolina February 25, 2002, 3454 (Thomas Sand Co. v. Colonial Pipeline Co.)

STILWELL, Judge:

Thomas Sand sued Colonial for damages, alleging a spill from its pipeline rupture contaminated a sand deposit Thomas Sand had leased on the Reedy River. The trial court held the failure to exhaust administrative avenues to obtain a permit was the proximate cause of its inability to mine the sand and granted Colonial summary judgment. We reverse.