The South Carolina Supreme Court on Wednesday sided with a Charleston-based developer in the fight over whether a portion of a historic tidal creek on the peninsula can be filled in.

The high court unanimously affirmed a 2022 administrative law court decision that upheld a permit granted by the now-defunct South Carolina Department of Environmental Control (DHEC) to the WestEdge Foundation, allowing commercial development of Gadsden Creek and surrounding wetlands.

The permit, issued on July 12, 2021, authorized WestEdge to fill in 3.9 acres of critical area on the west side of the Charleston peninsula.