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:
SCDLLR vs. Graceland Cemetery

AGENCY:
South Carolina Department of Labor, Licensing and Regulation

PARTIES:
Petitioner:
South Carolina Department of Labor, Licensing and Regulation, State Board of Funeral Service

Respondent:
Graceland Cemetery
 
DOCKET NUMBER:
05-ALJ-11-0343-IJ

APPEARANCES:
For Petitioner:
M. Kent Lesesne, Esquire

For Respondent:
John D. Hawkins, Esquire
Andrea M. Hawkins, Esquire
 

ORDERS:

ORDER OF DISMISSAL

On August 26, 2005, Petitioner South Carolina Department of Labor, Licensing and Regulation, State Board of Funeral Service (Board), filed a Petition for Injunctive Relief and Summons seeking an order from this Court enjoining Respondent Graceland Cemetery (Graceland) from engaging in the business of providing funeral services, including, but not limited to, selling funeral merchandise, at its location in Greenville, South Carolina, because Graceland is not licensed to engage in the funeral service business. A hearing on the merits of the Board’s request for injunctive relief was held before this Court on January 24, 2006. However, pursuant to this Court’s Order in a related matter, Graceland has now been granted a permit to operate a funeral home at the location in question. See Port Elsewhere II v. S.C. Dep’t of Labor, Licensing and Regulation, State Bd. of Funeral Serv., Docket No. 05-ALJ-11-0251-AP (S.C. Admin. Law Ct. Feb. 10, 2006). As this permit authorizes Graceland to operate a funeral home and generally engage in the practice of funeral service, the Board’s petition to enjoin Graceland from providing such services because it lacks the appropriate license is now moot. Therefore,

IT IS HEREBY ORDERED that the above-captioned matter is DISMISSED as moot.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

1205 Pendleton Street, Suite 224

Columbia, South Carolina 29201-3731

February 10, 2006

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

Copyright © 2024 South Carolina Administrative Law Court