ORDERS:
ORDER OF DISMISSAL
Petitioner
requested that the Department review its decision regarding a permit for a
proposed landfill in the vicinity of his property. Prior to a Department
Determination being entered into by the Department, Petitioner prematurely
filed a Notice of Appeal with the Administrative Law Court on September 3, 2008.
Therefore, this Court does not have jurisdiction over this matter. See Eagle
Container Co, LLC v. County of Newberry, 336 S.C. 611, 622 S.E.2d 733 (S.C.
App. 2005), holding that judicial review is
generally appropriate only when an appeal is from a final agency order. Since this case was not ripe for adjudication at the time
the Petitioner filed its appeal,
IT
IS THEREFORE ORDERED that this case is DISMISSED without prejudice.
AND
IT IS FURTHER ORDERED that the Petitioner will not incur additional filing
fees for a subsequent filing of a Notice of Appeal in this matter.
AND
IT IS SO ORDERED.
___________________________________
CAROLYN C.
MATTHEWS
Administrative
Law Judge
October 21, 2008
Columbia, South Carolina.
|
