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protest, and the protest has been withdrawn, it is hereby: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 |