The above-referenced matter arises on the Petitioner SouthCross Surgery Center, LLC’s
(“SouthCross”) request for contested case review of the Respondent South Carolina Department
of Health and Environmental Control’s (the “Department”) January 23, 2004 decision to grant
the Certificate of Need application of Carolina Surgery Center, LLC, (“CSC”) to establish a
freestanding ambulatory surgery center with two operating rooms and two endoscopy procedure
rooms to be located in Lancaster County, South Carolina. The Respondent Piedmont Healthcare
System, Inc., intervened in this matter in support of the Department’s decision.
NOW COMES the Petitioner SouthCross, pursuant to S.C. Code Ann. § 1-23-320(f)
(1986, as amended), which moves, with the consent of the Respondents for voluntary dismissal
with prejudice of the above-captioned contested case. Therefore, it appearing that SouthCross
and CSC have amicably settled the dispute between them and that the remaining parties consent
to dismissal of this action,
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that, pursuant to Rule
68 of the Rules of Procedure for the Administrative Law Court and Rule 41(a)(2), SCRCP, and
with the consent of all parties hereto, this action, including all claims herein asserted by all
parties, is hereby dismissed and ended with prejudice, with each party to bear its own attorneys’
fees and costs.
IT IS FURTHER ORDERED that the Department shall issued immediately to CSC a
Certificate of Need to establish a freestanding ambulatory surgery center with two operating
rooms and two endoscopy procedure rooms to be located in Lancaster County, South Carolina,
in accordance with its January 23, 2004 decision.
AND IT IS SO ORDERED.
__________________________________
Marvin F. Kittrell
Chief Administrative Law Judge
Columbia, South Carolina
June 7, 2005
