SC Administrative Law Court Decisions

WHEREAS, this appeal and request for contested case hearing involves an application (Application P/N# OCRM-00-097-E) to construct a parking area by Kiawah Resort Associates, LP (KRA) on property situated seaward of the setback line at the Ocean Course Golf Course on Kiawah Island; and

WHEREAS, OCRM denied the permit in its letter dated March 27, 2000; and

WHEREAS, KRA timely filed a notice of appeal and request for contested case hearing; and

WHEREAS, the Town of Kiawah Island has intervened in this proceeding and is participating as an intervenor; and

WHEREAS, KRA desires to withdraw its application, without prejudice, with leave to make application again to OCRM no sooner than twelve (12) months after the date of this order; and

WHEREAS, OCRM and Intervenor Town of Kiawah Island have agreed to dismissal of the appeal on these terms:

NOW, THEREFORE, on the motion of Pratt-Thomas, Epting & Walker, attorneys for Kiawah Resort Associates, LP, and with the consent of Mary D. Shahid, attorney for Respondent DHEC-OCRM and Dennis J. Rhoad, attorney for Intervenor, Town of Kiawah Island, the appeal herein is hereby dismissed without prejudice and Kiawah Resort Associates, LP, is allowed to withdraw its application for the proposed project with leave to re-submit an application no sooner than twelve (12) months after the date hereof.

AND IT IS SO ORDERED.

_____________________________

Ralph King Anderson, III

Administrative Law Judge

June 11, 2001

Columbia, South Carolina