ORDERS:
FINAL ORDER AND DECISION
INTRODUCTION
This matter comes before me pursuant to S.C. Code Ann. §61-2-260 (Supp. 2001) and S.C. Code Ann. § 1-23-310 et seq.
(Supp. 2001) upon filing of an application by Petitioner, Jimmy Neal Still, d/b/a Outaways, for an on-premise beer and
wine permit for a location at 9 Lebanon Road, Barnwell, South Carolina. The South Carolina Department of Revenue
("Department") transmitted the case to the Administrative Law Judge Division ("ALJD") for a hearing. After timely notice
to the parties and Protestants, a hearing was held on May 28, 2002, at the ALJD in Columbia, South Carolina. At the
hearing, the Department made a motion to dismiss on the basis of res judicata. Taking the Department's motion under
consideration, the undersigned took testimony from both the Petitioner and the Protestants regarding the issue of whether a
material change regarding the location's suitability had occurred. Testifying on behalf of the Protestants were James W.
Creech, Jr., Teresa Zorn, and Dot Creech. Jimmy Neal Still and Betty Hoover testified in support of the application. Upon
review of the relevant and probative evidence and applicable law, the Department's Motion to Dismiss on the basis of res
judicata is granted.
FINDINGS OF FACT
Having carefully considered all testimony and arguments presented at the hearing, and taking into account the credibility
and accuracy of the evidence, I make the following findings of fact by a preponderance of the evidence:
- On October 13, 2000, the Honorable John D. Geathers, Administrative Law Judge, denied Petitioner's application for an
on-premises beer and wine permit for a convenience store located at 6038 Highway 64, Barnwell, South Carolina on the
basis that the location was unsuitable.
- Petitioner made an application for an on-premises beer and wine permit on November 14, 2001, for the same location
for which he had earlier been denied a permit, albeit with a different street address.
- Protestants from the surrounding community appeared to protest the issuance of the requested permit for this location.
At least several of these protestants appeared at the 2001 hearing held by Judge Geathers.
CONCLUSIONS OF LAW
Based upon the Findings of Fact, I conclude as a matter of law, the following:
- Pursuant to S.C. Code Ann. § 61-2-260 (Supp. 2001), S.C. Code Ann. § 1-23-600(B) (Supp. 2001) and S.C. Code Ann.
§ 1-23-310, et seq. (Supp. 2001), the South Carolina Administrative Law Judge Division has jurisdiction over this
matter.
- The doctrine of res judicata bars relitigation of the same cause of action between the same parties where final judgment
was issued previously. "To establish res judicata, three elements must be shown: (1) the identities of the parties is [sic]
the same as a prior litigation;(2) the subject matter is the same as the prior litigation; and (3) there was a prior
adjudication of the issue by a court of competent jurisdiction." Pye v. Aycock, 325 S.C. 426, 432, 480 S.E.2d 455, 458
(Ct. App. 1997) (citing Johnson v. Greenwood Mills, Inc., 317 S.C. 248, 452 S.E.2d 832 (1994)).
- In this case, the parties are identical to the parties involved in the 2000 application case. In addition, the subject matter,
the suitability of the proposed location, is identical in both cases. Finally, there was a prior adjudication of the matter by
a court of competent jurisdiction. Therefore, res judicata clearly applies.
ORDER
Based upon the above Findings of Fact and Conclusions of Law,
IT IS HEREBY ORDERED that Respondent's Motion to Dismiss is GRANTED and Petitioner's request for an on-premises beer and wine permit for the location at 9 Lebanon Road, Barnwell, South Carolina, is DENIED.
AND IT IS SO ORDERED.
________________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
May 29, 2002
Columbia, South Carolina |
