ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before me by consent of all parties for entry of a Consent Order. This contested case arises out of a critical area dock permit that was issued to the Respondent, LaJuan S. Kennedy, on April 22, 2005. The dock was permitted to be constructed on and adjacent to the Folly River, at 1102 Cooper Avenue East, Town of Folly Beach, Charleston County, South Carolina. The Petitioners, Jan and Charles Pesavento, requested a contested case hearing before this Court, objecting to the dock on the grounds that the dock, as proposed, would have a negative impact on their value and enjoyment of their own property.
The parties, having resolved their differences, hereby agree that Respondent Kennedy will move the walkway and pierhead 23.5 feet to the east of its presently surveyed location, thereby reducing negative impacts to the Petitioners. The parties also agree that this agreement shall be binding on the parties’ heirs and assigns. This agreement will become a part of the permit and is hereby incorporated by reference.
THEREFORE, IT IS ORDERED that permit number OCRM-04-270-E is hereby amended as set forth above.
IT IS ALSO ORDERED that this action is dismissed with prejudice.
AND IT IS SO ORDERED.
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Marvin F. Kittrell
Chief Administrative Law Judge
September 19, 2005 |