South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Liz Anderson, Paul and Dell Germeroth, Brian and Martha Andersen, et al vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
Liz Anderson, Paul and Dell Germeroth, Brian and Martha Andersen, and other Unnamed Residents of the Brookwood Subdivision and Forest Hills Subdivision in York County, South Carolina

Respondents:
South Carolina Department of Health and Environmental Control and Carolina Community Care, Inc. d/b/a Hospice and Community Care
 
DOCKET NUMBER:
04-ALJ-07-0032-CC

APPEARANCES:
For Petitioners:
Christian Stegmaier, Esquire
Collins & Lacy, P.C.

For Respondent Carolina Community Care:
James G. Long, III, Esquire
NEXSEN PRUET, LLC.

For Respondent DHEC:
Nancy L. Roberts, Esquire
Staff Attorney, Health Services
 

ORDERS:

ORDER OF DISMISSAL

On March 17, 2003 the Respondent, Carolina Community Care, Inc. d/b/a Hospice and Community Care, (“Community Care”) filed an application for a Certificate of Need (“CON”) with Respondent South Carolina Department of Health and Environmental Control (“DHEC”). Community Care seeks to construct a sixteen-bed hospice facility to be located in Rock Hill, South Carolina. On January 8, 2004, DHEC awarded the CON to the Respondent Community Care. The proposed site of the facility is located on a tract of land on India Hook Road near the Brookwood and Forest Hill Subdivisions in Rock Hill, South Carolina (“Thomasson tract”). The Petitioners are residents of the Brookwood subdivision and the Forest Hills subdivision in Rock Hill, South Carolina and have appealed the DHEC decision to the Administrative Law Court. The parties have conducted discovery, including the taking of depositions and the exchange of other information. Each party has filed and served a Motion for Summary Judgment on the other parties.

This matter was scheduled for a hearing on the Motions for Summary Judgment on December 9, 2004. Prior to the call of the case, counsel for all three parties informed the Court that the parties had reached a settlement and have agreed to dismiss the case with prejudice pursuant to the terms set forth herein.

The agreement of the parties is as follows:

1.The Petitioners will dismiss their appeal of the DHEC decision with prejudice.

2.The Respondent, Community Care, will relocate the site for the sixteen-bed hospice facility to a site away from the Brookwood and Forest Hills subdivisions.

3.Community Care acknowledges that their decision to relocate the project to a new site is part and parcel of this Order and Community Care has abandoned the site located on the Thomasson Tract on India Hook Road.

4.After dismissal of the action, Community Care shall promptly submit information to DHEC regarding the change in location of the site so that DHEC may review the information and determine whether or not the change is substantial.

5.The Petitioners hereby agree to support the awarding of a CON to Community Care at the new site location should DHEC find that the change is not substantial. Petitioners also agree not to challenge the issuance of a new CON should DHEC determine that the new site location is a substantial change.

6.Community Care shall no longer participate in the case pending in the South Carolina Court of Appeals involving the Petitioners and Community Care.

Having reviewed the Agreement of the parties, I find that the Agreement is a reasonable and fair resolution of this matter; that each party is represented by capable counsel; that each party understands the terms of the settlement; and that each party has entered in this Agreement freely and voluntarily.

THEREFORE, IT IS ORDERED that this action is dismissed with prejudice and the Agreement of the parties set forth herein is hereby adopted as the Order of this Court.

IT IS SO ORDERED.

___________________________________

December 28, 2004Ralph K. Anderson, III

Presiding Judge

Administrative Law Court


Brown Bldg.

 

 

 

 

 

Copyright © 2021 South Carolina Administrative Law Court