South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Trotter Dimensions vs. SCDOT

AGENCY:
South Carolina Department of Transportation

PARTIES:
Petitioners:
Trotter Dimensions

Respondents:
South Carolina Department of Transportation
 
DOCKET NUMBER:
00-ALJ-19-0448-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before me on Monday, October 23, 2000, for an administrative appeal of Respondent's South Carolina Department of Transportation, determination that Petitioner's Trotter Dimension's sign along South Carolina Highway 19 (Whiskey Road) in Aiken County, South Carolina ) hereinafter the "Sign") was illegal and must be removed according to S.C. Code Ann., §57-25-110 et seq., (1999, as amended). Appearing for the Respondent was Barbara M. Wessinger, Esquire. Representing the Petitioner was Michael R. Jeffcoat, Esquire.



Prior to the hearing, the parties agreed to settle this matter in accordance with the following terms:



1) Respondent agrees to stay all action against the sign structure, including staying and

withdrawing the removal of the sign and fines imposed, until October 23, 2001 and

contingent upon compliance with the remaining terms of this agreement; and



2) Petitioner may display off-premise advertising messages on both sides of the

sign without administrative or enforcement action by Respondent until June 23,

2001. After June 23, 2001, all off-premise advertising messages on both sides of

the sign shall be removed by Petitioner, at Petitioner's expense; and



3. Respondent will stay all action regarding the sign until October 23, 2001. On or

before that date, Petitioner shall provide written documentation of the commencement

of substantial construction of a qualifying business, meeting the standards set forth

in the Highway Advertising Control Act, S.C. Code Ann. §57-25-110, et seq.

(1999, as amended), and its regulations, 25A S.C. Code Ann. Regs 63-342, et seq.

(as amended). Upon approval of such written documentation, Respondent will stay

all action regarding the sign until Petitioner notifies Respondent, in writing, that the

qualifying business meets all the standards set forth in the Highway Advertising

Control Act, S.C. Code Ann. §57-25-110, et seq. (1999, as amended), and its

regulations, 25A S.C. Code Ann. Regs. 63-342, et seq. (as amended). At such

time, Respondent agrees to expedite the review process of the permit application.

Such review will take no longer than five (5) days of receipt of written notification

from Petitioner; and



4) In the event that a qualifying business is not constructed by October 23, 2001, or

Petitioner fails to provide ample evidence, showing the commencement of

substantial construction of a qualifying business, Petitioner will not appeal any

determination by Respondent that the sign is on-premise; and



5) Until October 23, 2001, should any conflicting applications be received from

competing sign companies for on-premise or off-premise outdoor advertising,

such applications will be held in abeyance.



IT IS ORDERED, ADJUDGED AND DECREED, that the parties have reached the above settlement ending this matter and this case is dismissed by the Administrative Law Judge Division.



AND IT IS SO ORDERED.







__________________________________

RAY N. STEVENS

Administrative Law Judge



November 9, 2000

Columbia, South Carolina



WE CONSENT:





Michael R. Jeffcoat

Attorney for Petitioner



 

Barbara M. Wessinger

Attorney for Respondent


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