ORDERS:
TRANSCRIPT OF PROCEEDINGS AND FINAL ORDER
THE COURT: I UNDERSTAND YOU HAVE COME TO A
RESOLUTION OF YOUR SITUATION.
MR. STEVENSON: YES, SIR. WE HAVE.
THE COURT: ALL RIGHT. WE ARE GOING TO OPEN
THE RECORD AT THIS TIME ON TWO FILES WHICH HAVE BEEN
CONSOLIDATED FOR TRIAL AT THE SAME TIME. THEY ARE
ADMINISTRATIVE LAW JUDGE DIVISION FILE DOCKET NO.
96-ALJ-07-0548 AND 0549-CC. BOTH OF THESE ARE CASES INVOLVING
DOCKS AND PIERS DOWN IN CHARLESTON COUNTY.
THE CAPTIONS OF THE TWO CASES ARE HERBERT STEVENSON
VERSUS DHEC-O.C.R.M., AND W.R. MOSTELLER AND S. SECKINGER.
THE OTHER CAPTION, THE 0549 CASE IS HERBERT STEVENSON,
PETITIONER, VERSUS THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL
CONTROL, BUREAU OF OCEAN AND COASTAL RESOURCE MANAGEMENT, W.R.
MOSTELLER, AND S. SECKINGER, RESPONDENTS. BOTH OF THESE CASES
WERE SET FOR TRIAL HERE AT THE ADMINISTRATIVE LAW JUDGE
DIVISION OFFICES IN COLUMBIA, SOUTH CAROLINA AT 10:30 A.M. ON
THIS THE 19TH DAY MARCH --
MR. CAMPSEN: THE 24TH, YOUR HONOR.
THE COURT: I'M SORRY. THE 24TH DAY OF MARCH,
1997. THAT'S CORRECT. ALL OF THE PARTIES ARE PRESENT. AND I
HAVE HAD THE OPPORTUNITY TO VISIT WITH MR. KASSEBAUM, MR.
CAMPSEN, AND MR. AND MRS. STEVENSON IN MY OFFICE PRIOR TO
OPENING THE RECORD. THE PARTIES MENTIONED TO ME AT THAT TIME
THAT THEY MAY BE ABLE TO TALK WITH EACH OTHER PRIVATELY AND
THERE MAY BE SOME ROOM FOR RESOLUTION OF THE ISSUES WHICH ARE
BEFORE THE COURT TODAY.
THE PARTIES HAVE TAKEN THAT TIME, AND THE COURT
APPRECIATES THEIR WILLINGNESS TO SIT DOWN AND TALK ABOUT THESE
RESPECTIVE ISSUES. THEY NOW HAVE ADVISED THE COURT THAT THEY
HAVE COME TO A RESOLUTION OF THESE ISSUES, AND WE WILL LISTEN
TO THOSE AT THIS TIME. THEN WE WILL SWEAR IN THE RESPECTIVE
PARTIES WITH THE EXCEPTION OF COASTAL COUNCIL AND MR.
KASSEBAUM, WHO WILL REPRESENT HIS AGENCY HERE TODAY.
BUT WE WILL SWEAR IN MR. STEVENSON, MR. MOSTELLER,
AND MR. SECKINGER, AND SEE IF THAT'S THE AGREEMENT AND THEY
UNDERSTAND AND THEY ARE WILLING TO BE BOUND BY SUCH AND THEY
HAVE FREELY AND VOLUNTARILY ENTERED INTO THIS AGREEMENT. MR.
CAMPSEN, WOULD YOU LIKE TO STATE ON THE RECORD -- WHO LIKE TO
STATE ON THE RECORD BASICALLY -- OKAY.
MR. KASSEBAUM, IF YOU WOULD STATE ON THE RECORD WHAT
YOUR UNDERSTANDING IS OF THE AGREEMENT. AND THEN I WILL ALLOW
YOU, MR. CAMPSEN, IF YOU WOULD LIKE TO MAKE ANY CORRECTIONS OR
ADDITIONS, WHATEVER. AND MR. STEVENSON, THE SAME
UNDERSTANDING.
MR. KASSEBAUM: THANK YOU, YOUR HONOR. THE
PARTIES HAVE MET, AND I BELIEVE I HAVE GOT THIS BOILED DOWN TO
ONE PARAGRAPH. THE PARTIES HAVE AGREED TO AMEND -- OR
RESPONDENTS, I SHOULD SAY, MOSTELLER AND SECKINGER, HAVE
AGREED TO AMEND PERMIT NO. 96-1E-309P AND 96-1E-308P TO ANGLE
BOTH DOCKS TO CONFORM TO THE ANGLE OF THE STEVENSON'S DOCKS TO
THE MAXIMUM EXTENT FEASIBLE WITHIN THE PARAMETERS OF THE
EXTENDED PROPERTY LINES BETWEEN THE PROPERTIES AND THE 20-FEET
SETBACK OF O.C.R.M.'S REGULATIONS. AND O.C.R.M. HAS AGREED TO
ACCEPT THAT AMENDMENT IN THE PERMIT.
THE COURT: SO WHAT YOU'RE TELLING ME IS THAT
THE ANGLE OF THESE TWO PERMITS; THE ONE FROM MR. SECKINGER AND
MR. MOSTELLER, WHICH WILL EXTEND FROM THEIR PROPERTIES OUT
INTO THE MARSH, WILL BE BASICALLY AT THE SAME ANGLE EXTENDED
OUT TO THE WATERWAY AS THAT ANGLE IN THE DOCK THAT MR.
STEVENSON HAS. IS THAT WHAT YOU'RE TELLING ME?
MR. KASSEBAUM: CORRECT.
MR. CAMPSEN: WITHIN THE PROPERTY LINES. AS
MUCH AS WE CAN.
MR. KASSEBAUM: WITH THE LIMITATIONS OF THE
EXTENDED PROPERTY LINES.
THE COURT: MR. CAMPSEN AND MR. STEVENSON, WILL
BOTH OF YOU APPROACH ME WITH THE DRAWING THAT YOU HAVE. AND
JUST OFF THE RECORD LET ME LOOK AT THAT DRAWING WITH BOTH OF
YOU JUST ONE MOMENT PLEASE.
(OFF THE RECORD)
THE COURT: ALL RIGHT. FOR RECORD KEEPING
PURPOSES, I DID HAVE A CONFERENCE AT THE BAR UP HERE WITH MR.
CAMPSEN, MR. KASSEBAUM, AND MR. STEVENSON. AND THEY HAVE --
BY AGREEMENT OF THE PARTIES WE HAVE PLACED INTO THE RECORD AS
EXHIBIT 3-A, A PHOTOGRAPH, RESPONDENT O.C.R.M.'S EXHIBIT. AND
WE PLACED INTO THE RECORD A MAP SHOWING THE THREE LOTS, THE
LOTS OWNED BY MR. AND MRS. STEVENSON AND ALSO BY THE TWO
INDIVIDUAL RESPONDENTS, MOSTELLER AND SECKINGER, PREPARED BY
E.M. SEABROOK, JR., INC. DATED SEPTEMBER 5, 1995. IT'S
RESPONDENT'S EXHIBIT NO. 8. AND ALSO HAVE PLACED INTO THE
RECORD BY AGREEMENT OF ALL PARTIES A MAP SHOWING THE TWO LOTS
4 AND 5 OF LOT "G" OWNED BY THE TWO INDIVIDUAL RESPONDENTS,
BEING ALSO PREPARED BY E.M. SEABROOK, JR., INC., BEING DATED
AUGUST 6, 1996. IT IS DELINEATED AS RESPONDENT'S EXHIBIT NO.
9.
(RESPONDENT O.C.R.M.'S EXHIBIT NO. 3-A IN EVIDENCE.)
(RESPONDENT MOSTELLER AND SECKINGER EXHIBITS NO. 8 AND 9
ADMITTED INTO EVIDENCE.)
THE COURT: WE HAVE HEARD THE AGREEMENT AS
UNDERSTOOD BY COASTAL COUNCIL -- OR THE BUREAU OF OCEAN
COASTAL RESOURCE MANAGEMENT. I STILL CALL THEM COASTAL
COUNCIL. WE HAVE HEARD THEIR UNDERSTANDING AS TO WHAT THE
AGREEMENT IS AT THE BAR. I UNDERSTAND FURTHER THERE IS AN
ADDITIONAL AGREEMENT THAT THE PARTIES STILL HAVE TO GET
APPROVAL FROM THE CORPS OF ENGINEERS TO THE AGREEMENT TODAY.
AND OF COURSE, THIS DISMISSAL OF THIS CASE WILL BE CONTINGENT
OPINION UPON THAT AGREEMENT BEING OBTAINED FROM THE CORPS OF
ENGINEERS. SO THAT IS ONE OF THE CONDITIONS WITH REGARD TO
THE DISMISSAL OF THIS CASE WITH PREJUDICE OF ANY KIND.
IT WILL NOT BE DISMISSED AND COULD STILL BE HEARD BY THIS
COURT IF THAT IS NOT GRANTED. BUT HOPEFULLY THE PARTIES WILL
SHOW THE SAME RESTRAINT THAT THEY HAVE USED TODAY AND ALSO ARE
ENCOURAGED BY THE COURT TO WORK WITH EACH EITHER IN TRYING TO
RESOLVE ANY ISSUES. HOPEFULLY, THOUGH, HOWEVER THE AGREEMENT
THE PARTIES ARE PLACING ON THE RECORD TODAY WILL RESOLVE THE
ISSUES BETWEEN THEM.
MR. CAMPSEN, DO YOU HAVE ANY FURTHER CORRECTIONS OR
AMENDMENTS TO THE AGREEMENT AND UNDERSTANDING TODAY, SIR?
MR. CAMPSEN: NO, SIR, YOUR HONOR.
THE COURT: MR. STEVENSON, DO YOU HAVE ANY
ADDITIONAL CORRECTIONS OR AMENDMENTS TO THE AGREEMENT?
MR. STEVENSON: NO, SIR, YOUR HONOR.
THE COURT: MR. STEVENSON, IF YOU WOULD COME
AROUND TO THE WITNESS STAND, SIR. THE COURT REPORTER WILL
SWEAR YOU IN.
WHEREUPON,
HERBERT STEVENSON,
HAVING BEEN FIRST DULY SWORN, DID DEPOSE AND TESTIFY AS
FOLLOWS:
EXAMINATION
BY THE COURT:
Q IF YOU WOULD HAVE A SEAT PLEASE, SIR. YOUR FULL
NAME FOR THE COURT?
A HERBERT STEVENSON.
Q AND YOU'RE PRESENT TODAY AT THE HEARING ROOM WITH
YOUR WIFE?
A YES, SIR.
Q AND YOUR WIFE'S NAME?
A PATRICIA MARY STEVENSON.
Q IT'S MY UNDERSTANDING THAT YOU AND YOUR WIFE OWN
YOUR HOME TOGETHER, JOINT OWNERSHIP, ON THE ISLE OF PALMS?
A YES, SIR.
Q IN CHARLESTON COUNTY, SOUTH CAROLINA?
A YES, SIR.
Q WHICH IS DESIGNATED ON THE MAP AS LOT 1, BLOCK F ON
RESPONDENT'S NO. 8. I BELIEVE THE PHOTOGRAPH THAT WAS PLACED
INTO THE RECORD AS O.C.R.M.'S EXHIBIT 3-A ALSO SHOWS THE
LOCATION OF YOUR PROPERTY WITH YOUR PRESENT PIER EXTENDED OUT
TO THE WATERWAY; IS THAT CORRECT?
A YES, YOUR HONOR.
Q NOW, YOU HAVE FILED A PETITION SEEKING OR CONTESTING
THE TWO PERMITS THAT HAVE BEEN ISSUED TO W.R. MOSTELLER AND S.
SECKINGER; IS THAT CORRECT, SIR?
A YES, SIR.
Q AND THIS PETITION THAT YOU HAVE FILED WITH THE
COURT; THAT WAS ALSO A PETITION FILED ON BEHALF OF YOUR WIFE,
TOO?
A YES, IT WAS.
Q OKAY. AND YOUR OBJECTION WAS WITH REGARD TO THE
ALIGNMENT OF THE DOCKS, PRIMARILY THE ALIGNMENT OF THE DOCKS
THAT MR. MOSTELLER AND MR. SECKINGER HAD RECEIVED FROM COASTAL
COUNCIL AND FROM THE ARMY CORPS OF ENGINEERS; IS THAT CORRECT?
A YES, YOUR HONOR; IT IS.
Q TODAY YOU HAVE HAD AN OPPORTUNITY TO MEET WITH
THESE TWO GENTLEMEN AND WITH THEIR FATHER-IN-LAW, GEORGE
CAMPSEN, WHO IS A MEMBER OF THE CHARLESTON BAR AND YOU AND
YOUR WIFE. AND YOU HAVE HAD AN OPPORTUNITY TO TALK WITH THEM
AND WORK OUT AND RECONCILE YOUR DIFFERENCES?
A YES, WE HAVE.
Q HAVE YOU DONE THAT, SIR?
A YES, WE HAVE YOUR HONOR.
Q ARE YOU CONTENT AND HAPPY WITH THE UNDERSTANDING --
RATHER ARE YOU SATISFIED WITH THE AGREEMENT AND UNDERSTANDING
YOU HAVE COME TO TODAY?
A YES, I AM, YOUR HONOR.
Q IT HAS BEEN PLACED ON THE RECORD TODAY. AND YOU ARE
FULLY COGNIZANT OF WHAT THAT AGREEMENT IS?
A YES.
Q ARE YOU WILLING TO BE BOUND BY THAT AGREEMENT...
A YES.
Q ... IF THE COURT APPROVES IT TODAY?
A YES, SIR.
Q YOUR WILLING TO CONTINUE TO WORK WITH MR. CAMPSEN
AND WITH HIS SONS-IN-LAW AND WITH COASTAL COUNCIL IN ENSURING
THAT THIS MATTER IS TOTALLY RESOLVED?
A YES.
Q WITHIN THE CONFINES OF THE AGREEMENT MADE TODAY?
A YES, SIR.
Q YOU UNDERSTAND THAT THEY STILL HAVE TO RECEIVE
APPROVAL FROM THE CORPS OF ENGINEERS FOR THIS REALIGNMENT OF
THE DOCKS EXTENDING FROM BOTH OF THEIR PROPERTIES?
A I UNDERSTAND THAT.
Q AND YOU WILL COOPERATE WITH THEM IN TRYING TO GET
THAT APPROVED?
A YES, SIR.
Q OKAY. I UNDERSTAND THAT IT'S NOT YOUR BURDEN OR
RESPONSIBILITY. BUT YOU WILL STILL VOICE TO THEM YOUR
AGREEMENT. AND THAT IS FINE WITH YOU IN IN ACCORDANCE WITH
THE CONSTRAINTS IN THE AGREEMENT ITSELF THAT'S PLACED ON THE
RECORD TODAY?
A I AGREE COMPLETELY.
THE COURT: ALL RIGHT, SIR. DO YOU HAVE ANY
QUESTIONS, MR. CAMPSEN, OF THIS GENTLEMAN, SIR?
MR. CAMPSEN: NO QUESTIONS, YOUR HONOR.
THE COURT: MR. KASSEBAUM.
MR. KASSEBAUM: NO, SIR.
THE COURT: THANK YOU, SIR. YOU MAY STEP DOWN.
MA'AM, IF YOU WOULD COME TO THE STAND PLEASE, MRS. STEVENSON.
WHEREUPON,
PATRICIA STEVENSON,
HAVING BEEN FIRST DULY SWORN, DID DEPOSE AND TESTIFY AS
FOLLOWS:
EXAMINATION
BY THE COURT:
Q MS. STEVENSON, YOUR NAME IS PATRICIA MARY...
A YES.
Q ... STEVENSON. AND YOU'RE MARRIED TO HERBERT
STEVENSON?
A YES.
Q AND YOU AND YOUR HUSBAND OWN YOUR PROPERTY JOINTLY?
A YES, SIR.
Q DOWN ON THE ISLE OF PALMS IN CHARLESTON COUNTY,
SOUTH CAROLINA?
A YES, SIR.
Q AND YOU HAVE HEARD THE QUESTIONS THAT I HAVE ASKED
TO YOUR HUSBAND HERE IN COURT. DO YOU UNDERSTAND WHAT THE
AGREEMENT IS THAT YOU AND YOUR HUSBAND HAVE MADE WITH MR.
CAMPSEN AND HIS SONS-IN-LAW; IS THAT CORRECT?
A YES, SIR.
Q DID YOU ENTER INTO THAT AGREEMENT FREELY AND
VOLUNTARILY?
A YES, SIR.
Q I DIDN'T FORCE YOU TO DO ANYTHING; DID I?
A NO, YOU SURE DIDN'T.
Q I HAD NO PART IN YOUR DISCUSSIONS IN COMING TO SOME
AGREEMENT; IS THAT CORRECT?
A YES.
Q I HAVE NOT BEEN A PART OF YOUR DISCUSSIONS BACK IN
THE CONFERENCE ROOM?
A THAT'S CORRECT; YOU WERE NOT.
Q YOU UNDERSTAND THAT IF I APPROVE THIS AGREEMENT, YOU
WILL BE BOUND BY IT. DO YOU UNDERSTAND THAT, MA'AM?
A YES, I DO.
Q YOU UNDERSTAND THAT THERE IS THIS STILL CONTINGENCY
WITH REGARD TO THE CORPS OF ENGINEERS. BUT IF THEY AGREE TO
THIS, THEN THE TWO DOCKS THAT THEY HAVE REQUESTED THE PERMITS
THAT HAVE BEEN ISSUED BY COASTAL COUNCIL WILL GO INTO EFFECT.
BUT THE DOCKS WILL BE ANGLED TO THE SAME BASIC ANGLE THAT THE
DOCK HAS FROM YOUR HOUSE OUT TO THE INTRACOASTAL WATERWAY.
YOU UNDERSTAND THEY HAVE TO GET AWAY 20 FOOT FROM A PROPERTY
LINE, AND THEY WILL HAVE TO DO THAT OUT AT THE FARTHEST POINT
OF THAT CORNER OUT NEAR THE WATERWAY?
A YES, I UNDERSTAND THAT.
Q ANYTHING FURTHER YOU WOULD LIKE TO TELL THE COURT
TODAY, MA'AM?
A NOT THAT I CAN THINK OF. WE ARE GOING TO HAVE ALL
OF THIS IN WRITING, RIGHT?
Q YES, MA'AM. IT WILL -- WELL, IT'S APPROVED BY THE
COURT TODAY. IT'S ON THE RECORD. AND IF YOU ALL WANT TO
REDUCE IT INTO THE FORM OF A CONSENT ORDER, THAT'S FINE. BUT
I'M GOING TO -- IF YOU DON'T WANT TO REDUCE IT, THE TRANSCRIPT
WILL BE TYPED UP AND I CAN SIGN IT. AND THAT WILL BE BINDING
ON ALL PARTIES ALSO. OKAY. BUT WHATEVER YOU ALL WANT TO
AGREE TO WILL BE FINE WITH THE COURT. I WILL LET YOU COME TO
THAT UNDERSTANDING AND AGREEMENT.
MR. CAMPSEN: YOUR HONOR, THAT'S AGREEABLE.
BUT I THINK THAT I WOULD ASK THE COURT TO PLEASE STRESS, IF
YOU CAN, TO MRS. STEVENSON THAT WE ARE GOING TO ATTEMPT TO
ALIGN THESE DOCKS PARALLEL TO HER DOCK AS MUCH AS POSSIBLE.
BUT WE DO NOT HAVE A FREE HAND TO DO THAT. WE HAVE
CONSTRAINTS WITH RESPECT TO THE 20-FOOT SETBACK LINE OF OTHER
PROPERTY OWNERS. AND I THINK THAT WE REALLY NEED TO
UNDERSTAND THAT TO MAKE THIS AGREEMENT LASTING AND WORK.
THE COURT: IN ACCORDANCE WITH THE DOCKS --
THE WITNESS: I UNDERSTAND THAT.
BY THE COURT:
Q THE DOCKS, AS I UNDERSTAND IT, MA'AM, WILL BE
ALIGNED AT THE SAME ANGLE AS YOURS. HOWEVER, THEY WILL STILL
HAVE TO CONFORM TO ANY SETBACK REQUIREMENTS THAT COASTAL
COUNCIL HAS IN THEIR REGULATIONS. DO YOU UNDERSTAND THAT,
SIR?
A DOES THAT INCLUDE THE DOCK -- THE PIER, FLOATING
PIER THAT COMES OFF THE DOCK, TOO? IS THAT PART OF THAT
20-FOOT SETBACK?
THE COURT: LET ME ASK MR. KASSEBAUM TO RESPOND
TO YOUR QUERY, MA'AM.
MR. KASSEBAUM: YES, IT DOES.
THE WITNESS: SO IN OTHER WORDS, IF YOU PUT IT A
20-FOOT FLOATING PIER, THAT COULD BE 40 FEET FROM THE PROPERTY
LINE.
MR. KASSEBAUM: I DIDN'T UNDERSTAND THAT.
THE WITNESS: WELL, IF YOU --
THE COURT: WAIT JUST A MINUTE. LET'S GO OFF
THE RECORD HERE.
(OFF THE RECORD)
THE COURT: WE ARE BACK ON THE RECORD.
BY THE COURT:
Q IT'S MY UNDERSTANDING AGAIN, MRS. STEVENSON, FROM
TALKING WITH YOUR HUSBAND, MR. MOSTELLER, MR. SECKINGER, MR.
KASSEBAUM, AND MR. CAMPSEN, THAT THE DOCKS THEMSELVES, THE
LONG WALKWAYS, THE DOCKS THEMSELVES WILL CONFORM TO THE
20-FOOT OR WHATEVER THE DISTANCE IS FROM THE CORNER. AND THEN
THE FLOATING DOCKS WILL BE ON THE SIDE, BE SORT OF IN THE
MIDDLE OF THE PROPERTY LOCATED OUT ON THE INTRACOASTAL
WATERWAY. DO YOU UNDERSTAND THAT THAT'S THEIR AGREEMENT AND
THAT'S YOUR AGREEMENT?
A YES, SIR.
THE COURT: OKAY. ANYTHING FURTHER? MR.
CAMPSEN, HAVE YOU GOT ANY QUESTIONS? MR. KASSEBAUM?
MR. CAMPSEN: NO, SIR, YOUR HONOR.
MR. KASSEBAUM: NO, YOUR HONOR.
THE COURT: THANK YOU. ANYTHING FURTHER, MA'AM?
THE WITNESS: I DON'T THINK SO.
THE COURT: THANK YOU, MA'AM. YOU MAY STEP
DOWN. MR. MOSTELLER, COME UP PLEASE, SIR.
WHEREUPON,
W.R. MOSTELLER,
HAVING BEEN FIRST DULY SWORN, DID DEPOSE AND TESTIFY AS
FOLLOWS:
EXAMINATION
BY THE COURT:
Q MR. MOSTELLER, YOU ARE W.R.
A YES, SIR; I AM.
Q WHAT DOES THAT "W.R." STAND FOR?
A WILLIAM RICHARD MOSTELLER.
Q AND YOU ARE ABLY REPRESENTED TODAY HERE BY?
A MR. GEORGE CAMPSEN.
Q WHO IS?
A MY FATHER-IN-LAW AND MY ATTORNEY.
Q OKAY. WELL, YOU HAVE HAD OCCASION HERE TODAY TO
CONVERSE WITH YOUR FATHER-IN-LAW AND MR. KASSEBAUM AND WITH
MR. AND MRS. STEVENSON AND MR. SECKINGER. AND I ASSUME HE IS
YOUR BROTHER-IN-LAW?
A YES, SIR.
Q AND YOU HAVE HEARD THE AGREEMENT AS I HAVE PLACED IT
ON THE RECORD PROBABLY ON SEVERAL OCCASIONS WITH COMMENTS BACK
AND FORTH AND SO FORTH?
A YES, SIR.
Q AND YOU UNDERSTAND NOW THE CONFIGURATION OF THE
DOCKS; THE ANGLE AND THE 20 FOOT OUT OF THE INTRACOASTAL
WATERWAY?
A I DO UNDERSTAND THAT.
Q IT WOULD GO 20 FOOT OUT TO THE LONG CAUSEWAY OF THE
DOCK AND NOT OUT TO A FLOATING PIER THAT'S OFF THE DOCK OUT
THERE. YOU UNDERSTAND THAT?
A YES, SIR; I DO.
Q ALL RIGHT. IS THIS YOUR UNDERSTANDING AND
AGREEMENT, SIR?
A YES, SIR; IT IS.
Q FREELY AND VOLUNTARILY?
A FREELY AND VOLUNTARILY.
Q AND YOU WILL WORK WITH MR. AND MRS. STEVENSON TO
ENSURE THAT THIS IS TAKING PLACE?
A I WILL AS QUICKLY AS POSSIBLE.
Q AND YOU WILL WORK WITH THE CORPS OF ENGINEERS TO
MAKE SURE OR TO ENSURE, TRY TO SEEK THEIR COMPLIANCE WITH THIS
CHANGE IN THE CONFIGURATION OF THE DOCK COMING OUT FROM YOUR
PROPERTY?
A YES, SIR.
THE COURT: ANYTHING FURTHER OF THIS WITNESS,
MR. KASSEBAUM?
MR. KASSEBAUM: NO, YOUR HONOR.
THE COURT: MR. CAMPSEN.
MR. CAMPSEN: NO, SIR.
THE COURT: MR. STEVENSON.
MR. STEVENSON: NO, SIR.
THE COURT: THANK YOU, SIR. MR. SECKINGER.
WHEREUPON,
ROBERT STANLEY SECKINGER,
HAVING BEEN FIRST DULY SWORN, DID DEPOSE AND TESTIFY AS
FOLLOWS:
EXAMINATION
BY THE COURT:
Q WHAT DOES THE "S" STAND FOR?
A IT'S ACTUALLY ROBERT STANLEY, R.S..
Q OKAY, SIR. AND I BELIEVE YOU'RE ALSO HERE TODAY
WITH REGARD TO THIS ISSUE OF THE CONFIGURATION OF THE DOCKS
AND THE DOCKS AND WALKWAY EXTENDED OUT FROM YOUR PROPERTY?
A YES, SIR.
Q YOUR PROPERTY, I THINK, IS IN BETWEEN MR.
MOSTELLER'S, WHO IS YOUR BROTHER-IN-LAW, AND MR. AND MRS.
STEVENSON'S PROPERTY; IS THAT CORRECT, SIR?
A BOTH LOTS ARE OWNED JOINTLY BY MYSELF AND MR.
MOSTELLER.
Q ALL RIGHT, SIR. NOW, THE LOT THEN -- WELL, BOTH
LOTS THEN THAT YOU OWN. YOU HAVE APPLIED TO COASTAL COUNCIL
AND TO THE CORPS FOR THESE LONG WALKWAYS GOING OUT TO THE
INTRACOASTAL WATERWAY. AND THEN YOU WANT A PIER OFF THAT, A
FLOATING DOCK OFF THAT. AND YOU UNDERSTAND THAT EACH WALKWAY,
EXTENDED WALKWAY GOING OUT WILL GO AS CLOSE TO THE CORNER AS
ALLOWED BY REGULATIONS, ADJOINING PROPERTY LINES AND
REGULATIONS OF COASTAL COUNCIL. DO YOU UNDERSTAND THAT?
A YES, SIR. TO CONFORM TO THE ANGLE OF THE
STEVENSON'S DOCK.
Q THAT'S CORRECT. AND IT WILL CONFORM TO THE ANGLE OF
THEIR LOT. ALL RIGHT, SIR. YOU HAVE ENTERED INTO THIS
AGREEMENT FREELY AND VOLUNTARILY?
A YES, SIR.
Q WITHOUT COERCION OF ANY KIND?
A RIGHT.
Q NO COERCION BY THE COURT?
A NO, SIR.
Q AND YOU'RE HAPPY WITH THE REPRESENTATION OF YOUR
FATHER-IN-LAW?
A YES, SIR.
Q ALL RIGHT. I MIGHT SAY YOU WILL WORK WITH THE CORPS
OF ENGINEERS IN TRYING TO SEEK THEIR COMPLIANCE AND AGREEMENT
WITH THIS AGREEMENT YOU'RE ENTERED INTO TODAY?
A YES, SIR.
THE COURT: ALL RIGHT. ANY QUESTIONS?
MR. KASSEBAUM: NO, SIR.
MR. CAMPSEN: NO, SIR.
THE COURT: MR. STEVENSON.
MR. STEVENSON: NO, SIR.
THE COURT: ALL RIGHT. THANK YOU, SIR, VERY
MUCH. ANYTHING FURTHER THAT THE PARTIES WOULD LIKE TO PRESENT
TO THE COURT TODAY?
MR. KASSEBAUM: NO, SIR.
MR. CAMPSEN: NOTHING, SIR.
MR. STEVENSON: NOTHING AT ALL, SIR.
THE COURT: WELL, THE COURT REALLY APPRECIATES
THE WILLINGNESS ON ALL OF YOUR PARTS TO WORK TOGETHER IN
TRYING TO RESOLVE THOSE ISSUES. THESE KIND OF ISSUES ARE VERY
DIFFICULT FOR THE COURT TO RESOLVE WHICH WOULD MAKE EVERYBODY
HAPPY. YOU KNOW, IT'S SO DIFFICULT -- WHEN I PRACTICED LAW,
IT WAS SO DIFFICULT TO MAKE ANY PARTY HAPPY, YOU KNOW, WHEN
YOU WALK OUT OF THE COURTROOM NO MATTER HOW YOU TRIED TO DO
IT. AND SO IT PLEASES ME THAT YOU ALL ARE ABLE TO WALK OUT OF
HERE WITH SOME SEMBLANCE OF AGREEMENT AND UNDERSTANDING. IT
MAKES YOU LIVE TOGETHER AND MAKES YOU LIVE NEXT TO EACH OTHER
A LOT BETTER AS NEIGHBORS ALSO.
I DO FIND THE AGREEMENT HAS BEEN ENTERED INTO FREELY
AND VOLUNTARILY. IT SEEMS FAIR AND REASONABLE BASED ON THE
FACTS PRESENTED TO THE COURT. I DO MAKE IT THE ORDER OF THIS
COURT AND WILL BE HAPPY TO SIGN ANY CONSENT ORDER THAT THE
PARTIES MAY SUBMIT TO THE COURT. IF THE PARTIES DO NOT WISH
TO SIGN A CONSENT ORDER, THEN THE TRANSCRIPT OF THE HEARING
ITSELF CAN BE TYPED UP AND I WOULD SIGN THAT. THAT WOULD BE
MY ORDER ALSO. OKAY.
IS THERE ANYTHING ELSE FURTHER FROM THE PARTIES?.
MR. CAMPSEN: YOUR HONOR, I WOULD SUGGEST THAT
WE DO TYPE UP THE TRANSCRIPT AND THAT YOU SIGN IT. I THINK
THAT WOULD PROBABLY BE THE THING TO DO. DOES ANYBODY HAVE ANY
OTHER SUGGESTIONS?
THE COURT: THAT WOULD BE FINE WITH YOU, SIR?
MR. KASSEBAUM: YES, SIR.
THE COURT: OKAY. WE WILL GO AHEAD AT YOUR
REQUEST, MR. CAMPSEN. AND THE COURT REPORTER WILL GO AHEAD
AND TYPE IT UP AND MAKE A PLACE FOR MY SIGNATURE. AND I WILL
SIGN THAT THEN AS MY ORDER. OKAY. THANK YOU ALL VERY MUCH.
(WHEREUPON, AT 11:40 A.M. THE PROCEEDINGS WERE
CONCLUDED.)
AND IT IS SO ORDERED.
THIS THE 1ST DAY OF APRIL, 1997.
____________________________
MARVIN F. KITTRELL
CHIEF JUDGE
STATE OF SOUTH CAROLINA )
) CERTIFICATE OF REPORTER
COUNTY OF RICHLAND )
I, DESIREE RUTLEDGE ALLEN, COURT REPORTER AND NOTARY
PUBLIC IN AND FOR THE STATE OF SOUTH CAROLINA AT LARGE, DO
HEREBY CERTIFY THAT THE ABOVE-ENTITLED CAUSE WAS HEARD AS
HEREINAFTER SET OUT; THAT I WAS AUTHORIZED TO AND DID
TRANSCRIBE THE SAID PROCEEDINGS AND EVIDENCE ADDUCED AND
OFFERED IN THE SAID PROCEEDINGS; AND THAT THE FOREGOING AND
ANNEXED PAGES, NUMBERED 3 THROUGH 19, INCLUSIVE, CONSTITUTE A
TRUE, ACCURATE, AND COMPLETE TRANSCRIPTION OF MY STENOGRAPHIC
REPORT OF THE SAID CAUSE TAKEN DURING THE SAID HEARING.
IN WITNESS WHEREOF, I HAVE HEREUNTO AFFIXED MY SIGNATURE
THIS 1ST DAY OF APRIL, 1997.
______________________________________________________________
DESIREE RUTLEDGE ALLEN, C.S.R., NOTARY PUBLIC
MY COMMISSION EXPIRES: 7-6-2004 |