ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to the Petitioner’s request for a contested case hearing
regarding the decision of the Respondent South Carolina Department of Health and Environmental
Control, Office of Ocean and Coastal Resource Management (“OCRM”) to issue a permit to the
Respondent Harry C. Tiller, Jr. for the construction of a private dock on Pawleys Creek at Lachicotte
Lane on Pawleys Island, Georgetown County, South Carolina. A contested case hearing was
scheduled for April 21, 2003, at the offices of the Administrative Law Judge Division (“ALJD”) in
Columbia, South Carolina.
On April 18, 2003, counsel for Petitioner informed this tribunal that this matter has been
resolved and, subject to the execution of all settlement documents in this and a companion case in
circuit court, Petitioner will withdraw opposition to the issuance of the dock permit. Counsel for
Petitioner indicated that he would prepare a Stipulation of Dismissal to be executed and filed with
the ALJD as soon as possible. Based on Counsel’s representation, this tribunal cancelled the April
21, 2003, hearing. To date, although ample time has been provided, this tribunal has not received a
Stipulation of Dismissal in this matter, nor has Petitioner informed this tribunal of any reason why the
Stipulation of Dismissal has not been submitted. "There is a limit beyond which the court should not
allow a litigant to consume the time of the court. . . ." Georganne Apparel, Inc. v. Todd, 303 S.C.
87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990). Therefore,
IT IS HEREBY ORDERED that this matter is dismissed;
AND IT IS SO ORDERED.
______________________________________C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
May 14, 2003
Columbia, South Carolina |
