PARTIES:
Petitioner:
Peter Demetre Charleston Harbor Marina Corporation, Kenneth C. and Carol S. Jacobsen, Ernest and Mary Geddings, Barbara Picquet, and Ruth Swanson
Respondent:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, and The City of Charleston Department of Parks |
ORDERS:
ORDER OF DISMISSAL WITH PREJUDICE
On January 8, 2001, an order was issued dismissing the case docketed as 00-ALJ-07-0325-CC. That dismissal order was
entered since the City of Charleston Department of Parks (City) notified all parties that the City was withdrawing its request
for a permit. Further, the South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal
Resource Management (OCRM) agreed that the permit sought (GP-94-001-C17(00)) was being withdrawn. Thus, since the
Petitioners no longer sought the permit and since OCRM was withdrawing the permit, no controversy remained as to permit
GP-94-001-C17(00). Therefore, case 00-ALJ-07-0325-CC was dismissed. The remaining case, No. 00-ALJ-07-0324-CC, was directed to proceed to trial.
However, on January 10, 2001, the Court was notified by Newman Jackson Smith, attorney for Peter Demetre Charleston
Harbor Marina Corporation (Demetre) that Demetre was abandoning all appeals in both cases of 00-ALJ-07-0324-CC and
00-ALJ-07-0325-CC. Thus, the party seeking to overturn OCRM's decision to grant the permits has abandoned those
challenges and no challenge remains in dispute. Accordingly,
IT IS HEREBY ORDERED that the January 8, 2001 dismissal of 00-ALJ-07-0325-CC is a dismissal with prejudice as to all
parties. Further, given Demetre's abandonment of a challenge in 00-ALJ-07-0324-CC, that case is also dismissed with
prejudice as to all parties.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
Dated: January 11, 2001
Columbia, South Carolina |
