ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the Court pursuant to a Petitioner for Review timely served by William L.
Whatley (Petitioner) seeking review of the denial of application #95-1W-358-P by the South
Carolina Department of Health and Environmental Control, Office of Ocean and Coastal
Resource Management (hereinafter OCRM) where the Petitioner sought permission to pipe and
fill a ditch adjacent to his property at 145 Bay Road, St. Helena Island, Beaufort County, South
Carolina. Subsequent to the filing of the application, Evelyn P. Bowers, through her attorney,
Clyde A. Eltzroth, was given permission to intervene in this action. Following the docketing of
this case in the Administrative Law Judge Division, a contested case hearing was set for June 18,
1996. Prior to the date set for trial of these issues, the parties notified the Court that an
agreement had been reached to dismiss this action without prejudice pending an action by the
Petitioner against Beaufort County to determine title to the real estate in question.
This Consent Order has been provided to the Court by the parties and represents their agreement
that:
1. Petitioner agrees to dismiss his appeal of his application #95-1W-358-P without prejudice.
2. Respondent agrees to hold Petitioner's application #95-1-358-P in abeyance pending efforts by
the Petitioner to establish ownership of the property in question. If no significant progress has
been made within six (6) months of the date of this Consent Order the parties have agreed to
review the situation.
3. The intervenor, Evelyn P. Bowers, by her attorney Clyde A. Eltzroth, consents to this
agreement.
THEREFORE, with the consent of the parties, it is hereby
ORDERED that Docket No. 96-ALJ-07-0013-CC is hereby dismissed without prejudice.
AND IT IS SO ORDERED.
___________________________
Stephen P. Bates
Administrative Law Judge
July 8, 1996 |