ORDERS:
CONSENT MOTION TO WITHDRAW REQUEST FOR CONTESTED CASE HEARING AND APPEAL
WHEREAS, Petitioner Lowe
Wild Dunes Investors, L.P. ("Wild Dunes") requested a contested case
hearing and appealed the November 21, 2007 denial by the South Carolina
Department of Health and Environmental Control ("Department") Office
of Ocean and Coastal Resources Management ("OCRM") of Wild Dunes'
request for an emergency order concerning its ocean front property known as the
Links Golf Course ("the Property" or "the Links Course") in
the Isle of Palms, Charleston County, South Carolina;
WHEREAS, the reason for
Wild Dunes' request and appeal was based, in part, on the obstacles it faced in
addressing naturally-occurring activity that resulted in the loss of beachfront
areas along its property;
WHEREAS, Wild Dunes has
obtained the necessary authorizations to conduct a beach renourishment project;
and
WHEREAS, the Department
and Wild Dunes have agreed to resolve this appeal through Wild Dunes'
withdrawal of its request and appeal, with prejudice; and
NOW,
THEREFORE, the Department and Wild Dunes Resort agree that Wild Dunes'
Request for Contested Case Hearing and Appeal of the November 21st Department
decision may be withdrawn and dismissed with prejudice.
WE CONSENT:
___________________________________ __________________
Respondent South Carolina Department of Date
Health and Environmental Control
By: Elizabeth A. Dieck, Esquire
___________________________________ __________________
Petitioner Lowe Wild Dunes Investors, L.P. Date
By: Newman Jackson Smith, Esquire
SO ORDERED:
__________________________________________
The
Honorable Ralph King Anderson, III
April 30, 2008
Date
|
