ORDERS:
ORDER OF DISMISSAL
This matter comes
before the Court on the parties’ Consent Motion to Dismiss. The Petitioner,
Haig Point Utility Company, Inc., filed its appeal and request for a contested
case hearing on or about February 28, 2006 to challenge certain portions of the
January 31, 2006 decision of the Respondent, South Carolina Department of
Health and Environmental Control, issuing groundwater withdrawal Permit
#07WS032. The trial of this contested case is scheduled for hearing September
12, 2006. After discovery, the Petitioner and Respondent agreed to stipulate
to voluntary dismissal of the appeal and request for contested case hearing as
provided in S.C. Code Ann. Section 1-23-320 (f) with prejudice, with each party
to bear its own attorneys’ fees and costs as is noted in the Consent Motion to
Dismiss.
IT IS THEREFORE
ORDERED that the appeal and request for contested case be dismissed with
prejudice, with each party bearing its own attorneys’ fees and costs.
IT IS SO ORDERED.
___________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
August 23, 2006
Columbia, South Carolina |