ORDERS:
ORDER OF DISMISSAL
This matter is before the Administrative Law Judge Division ("Division") pursuant to a
request for a contested case hearing by Petitioners who oppose the permit issued to Roosevelt
Patterson to construct a swine feeding operation. An Order for Prehearing Statements was issued
on June 1, 1998, requiring each party to file prehearing statements with the Division and serve all
parties within fifteen (15) days of the order. On June 24, 1998, a letter was sent to the Petitioners
reminding them that their prehearing statements were past due. On June 29, 1998, Petitioner, Vivian
H. Robinson, contacted the Division via telephone, and indicated that she no longer protested the
issuance of the permit at issue in this matter. Ms. Robinson was asked to submit her position in
writing to the Division. The Division has yet to receive Ms. Robinson's written confirmation
regarding the withdrawl of her protest, or any prehearing statements from Ms. Robinson, or Ms.
Mosetta Lawson. ALJD Rule 23 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 plead 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 the Petitioners' request for a contested case hearing, they have an obligation to
defend their respective position(s). Petitioners have not requested an additional extension or
enlargement of time pursuant to ALJD Rule 3B to comply with this tribunal's order, but rather has
been unresponsive to recent communications. Petitioners have 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.
ALISON RENEE LEE
Administrative Law Judge
July 9, 1998
Columbia, South Carolina |