ORDERS:
ORDER GRANTING DISMISSAL FOR MOOTNESS
On July 15, 2004, the South Carolina Department of Health and Environmental Control (DHEC)
denied a request by Derrell G. Shaw (Shaw) for a permit to install a septic tank system on property
Shaw owns in Greenville County. On July 20, 2004, Shaw challenged DHEC's decision by seeking
a contested case before the Administrative Law Court. However, on October 22, 2004, DHEC
reversed its decision, issued Permit No. 58246, and now allows a septic tank system on the property.
Thus, on October 28, 2004, DHEC moved to dismiss this matter as moot. If established, a dismissal
is proper since a court will not typically adjudicate moot issues. Byrd v. Irmo High School, 321 S.C.
426, 431, 468 S.E.2d 861, 864 (1996). An issue is moot if a judgment by the court will have no
practical effect on the controversy stated in the case. Mathis v. South Carolina State Highway
Dep't, 260 S.C. 344, 346, 195 S.E.2d 713, 715 (1973).
Here, the controversy is whether DHEC's denial is proper. However, that controversy no longer
exists since DHEC has now granted the permit Shaw seeks. Thus, there is nothing left for decision,
and a judgment in this case will have no practical effect. Therefore, the matter is dismissed as moot.
The Motion to Dismiss is GRANTED and this case is ended.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: November 4, 2004
Greenville, South Carolina |
