ORDERS:
ORDER GRANTING PETITIONER'S MOTION TO DISMISS PETITION (REQUEST FOR INJUNCTIVE RELIEF)
By Order dated June 5th, 1996, (the June 5th Order), this Court required Petitioner to conduct an
inspection of Respondent's premises no later than August 7, 1996, and to file a "Final Report" no
later than August 9, 1996. If all items identified in the June 5th Order were not corrected as of
this inspection, Petitioner was required to conduct another inspection no later than August 23,
1996.
In its Final Report, dated August 9, 1996, Petitioner represents that it conducted the Final
Inspection on August 5, 1996, and reports that all items have been satisfactorily corrected.
Because of this finding, Petitioner included with the Final Report a Motion to Dismiss the Petition
and a Proposed Order to that effect.
This Court finds that Respondent is in compliance with the June 5th Order and that there is no
longer any need to conduct the Inspection required on August 23, 1996. Accordingly, Petitioner's
Motion to Dismiss is granted. Respondent is reminded that, pursuant to the terms of the June 5th
Order, Respondent remains enjoined from any use of the Restaurant are if Respondent also
engages in cooking that produces grease-laden vapors, unless and until Items B7 and B9 of the
Affirmed Order of the State Fire Marshal, dated August 11, 1995, are resolved to the satisfaction
of the State
Fire Marshal. Petitioner retains authority to conduct periodic compliance-monitoring inspections
to ensure Respondent's compliance with the cooking restrictions in the June 5th Order.
AND IT IS SO ORDERED.
_____________________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
August 13, 1996 |