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 |
