South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Samuel Green, d/b/a Sam’s Grocery vs. DOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
Samuel Green, d/b/a Sam’s Grocery
2341 Pendleton Street, Columbia, SC

Respondent:
South Carolina Department of Revenue

Intervenor:
Langston Powell, Powell Investments, LLC
 
DOCKET NUMBER:
02-ALJ-17-0323-A-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is again pending before the South Carolina Administrative Law Judge Division, following an appeal by the applicant and remand by the circuit court from the prior ALJ decision filed October 1, 2002. This matter involves the denial of the Petitioner’s request for an off-premises beer and wine permit by the Department of Revenue based on a public protest as to suitability of the location by Mr. Langston Powell of Powell Investments, LLC, the Intervenor. Based on the order from the initial case, the Department would have granted the permit, but for the public protests. By letter received by the court from counsel for the Intervenor on March 9, 2004, the aforementioned Intervenor withdrew his protest. Because the Department would have granted the permit but for the protest, and the protest has been withdrawn, it is hereby:

ORDERED that this matter is dismissed with prejudice; and

IT IS FURTHER ORDERED that the Department of Revenue issue an off-premises beer and wine permit to the Petitioner for the location known as Sam’s Grocery, 2341 Pendleton Street, Columbia, South Carolina, upon payment of any necessary fees and costs.

AND IT IS SO ORDERED.

_____________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge


March 9, 2004

Columbia, South Carolina


 

 

 

 

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