South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Gilberto Monroy, d/b/a La Estrellita #2 vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Gilberto Monroy, d/b/a La Estrellita #2

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
07-ALJ-17-0490-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is currently pending before the South Carolina Administrative Law Court. The Petitioner requested a contested case hearing following the Department of Revenue’s denial of the Petitioner’s request for an off premises beer and wine permit based on the receipt of valid public protest as to suitability of the location by R.H. Patterson Sr. According to the Department, the Petitioner met the statutory requirements for the permit and but for the protest, the permit would have been granted. The Protestant notified the court by letter dated February 18, 2008 that he requested a dismissal of this action because he would be unable to attend the hearing in Columbia, South Carolina. Because the Department would have granted the permit but for this protest and this protest has been withdrawn, it is hereby:

ORDERED that this matter is remanded to the Department of Revenue to continue to process the Petitioner’s application and issue an off premises beer and wine permit to the Petitioner for the location at La Estrellita #2, 2516 B. East North Street in Greenville, South Carolina.

AND IT IS SO ORDERED.

_____________________________________

Carolyn C. Matthews,

Administrative Law Judge

February 19, 2008

Columbia, South Carolina



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