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:
Burnette Black, et al vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
Burnette Black, Shirely Black, Timmy Black, George Wells, Linda Wells, Elizabeth Black, David Hartzog, Jean Hartzog, Kendall Hartzog, Denise Dickerson, James Fogle, Sandra Fogle, James Smith, Angie Smith, Dorothy Hartzog, Wesley Hartzog, Claude Hartzog, Janice Hartzog, Debra Hartzog, Scotty Cheek, Patty Cheek, Chadwick Creech, and Stephanie Creech

Respondents:
South Carolina Department of Health and Environmental Control and Steve Sandifer
 
DOCKET NUMBER:
05-ALJ-07-0290-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

By a letter filed with this Court on July 20, 2005, the twenty-three individuals identified above as Petitioners requested a contested case hearing to challenge the decision of Respondent South Carolina Department of Health and Environmental Control (Department) to issue an agricultural permit to Respondent Steve Sandifer for the construction and operation of a poultry farm in Barnwell County, South Carolina. By a letter to these individuals dated August 8, 2005, this Court sought to clarify the parties of record in this matter by requiring that each individual who wished to be considered a named Petitioner and formal party of record in the case file a response indicating such with this Court. While some of the individuals initially indicated, through an attorney, that they were prepared to proceed in this matter as Petitioners, all of the individuals identified above have now informed this Court, both through letters sent directly to this Court and through communications from the attorney they contacted, that they do not wish to pursue this contested case proceeding. Therefore, as the parties requesting a contested case hearing in the above-captioned matter have now informed this Court that they wish to withdraw their request for a contested case,

IT IS HEREBY ORDERED that the above-captioned matter is DISMISSED with prejudice.

AND IT IS SO ORDERED.

 

______________________________

JOHN D. GEATHERS

Administrative Law Judge

1205 Pendleton Street, Suite 224

Columbia, South Carolina 29201-3731

 

September 29, 2005

Columbia, South Carolina

 


Brown Bldg.

 

 

 

 

 

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