South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SouthCross Surgery Center, LLC vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
SouthCross Surgery Center, LLC

Respondents:
South Carolina Department of Health and Environmental Control, Carolina Surgery Center, LLC, and Piedmont Healthcare System, Inc.
 
DOCKET NUMBER:
04-ALJ-07-0067-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL

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


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