ORDERS:
ORDER OF DISMISSAL
In the above-captioned case, Petitioner seeks review of the modification of her permit issued by South Carolina Department
of Health and Environmental Control, Office of Ocean and Coastal Resource Management to construct a private dock along
the Leadenwah River at Lot 2, Selkirk Plantation, Wadmalaw Island, Charleston County by the South Carolina Department
of Health and Environmental Control, Office of Ocean and Coastal Resource Management. Pursuant to this tribunal's order
of September 3, 1999, each party was required to file a prehearing statement with the Administrative Law Judge Division
and serve all parties within twenty days of the date of the order. However, Petitioner has not responded to this tribunal's
order for a prehearing statement or to a letter from this tribunal dated September 28, 1999 requesting the filing of a
prehearing statement by October 5, 1999.
Pursuant to ALJD Rule 23, this matter is hereby dismissed. This Rule provides:
The administrative law judge may dismiss a contested case or dispose of a contested case adverse to the defaulting party. A
default occurs when a party fails to respond or otherwise prosecute or defend, fails to appear at a hearing without the proper
consent of the judge or fails to comply with any interlocutory order of the administrative law judge. Any non-defaulting
party may move for an order dismissing the case or terminating it adversely to the defaulting party.
ALJD Rule 23 (1997) (emphasis added).
By virtue of request for a contested case, Petitioner has an obligation to defend her position. Petitioner has not requested an
extension or enlargement of time pursuant to ALJD Rule 3B to comply with this tribunal's order, but rather has been
unresponsive to all communications. Petitioner has been given abundant opportunity to comply. "There is a limit beyond
which the court should not allow a litigant to consume the time of the court . . . ." Georganne Apparel, Inc. v. Todd, 303
S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990).
IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
________________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1677
October 8, 1999
Columbia, South Carolina |