ORDERS:
ORDER DENYING MOTION TO RECONSIDER
This matter comes before me upon a Motion To Reconsider filed by Robert Jenkins,
Attorney for Protestant-Intervenor Green Avenue Area Association ("GAAA"). Pursuant to
ALJD Rule 29(C), GAAA seeks reconsideration of this Court's final Order and Decision in the
above-captioned matter, dated September 29, 1995, granting a renewal application for an off-premises beer and wine permit, with restrictions, for 706 Green Avenue, Greenville, South
Carolina.
This case has a long and tortuous history dating back to 1993, and has included two
contested case hearings and appellate hearings before the South Carolina Tax Commission and
Greenville County Circuit Court. At the September 12, 1995 hearing before this tribunal, this
Court encouraged the parties to settle the matter through negotiation and compromise. Upon
being informed that resolution was not possible, the hearing was conducted.
Absent a showing that the Findings of Fact or Conclusions of Law are unsupported by the
evidence or are otherwise defective or incomplete, a motion for reconsideration of an order will
be refused. 89 C.J.S. Trial § 638 (1955). The issues have been thoroughly litigated and the
Order is supported by the relevant evidence and applicable law. The terms of this Court's
September 29, 1995 Order are sufficiently specific to be applied and enforced. The Motion to
Reconsider is hereby denied.
AND IT IS SO ORDERED.
___________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
October 18, 1995
Columbia, South Carolina |
