South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
David Murray et al. vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
David and Terry Murray, Charlotte N. Taylor and Edgar C. Taylor

Respondent:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, and Kendall and Shanno Erickson
 
DOCKET NUMBER:
01-ALJ-07-0289-CC

APPEARANCES:
V.M. Manning Smith, Esquire
Attorney for the Plaintiffs

J. Brent Kiker, Esquire
Attorney for the Defendants

Mary D. Shahid, Esquire
Attorney for the Defendants, OCRM
 

ORDERS:

AGREEMENT AND CONSENT ORDER

The parties hereto are hereinafter referred to as Murray, Taylor, Erickson, and OCRM. This matter arises out of an Appeal by Murray and Taylor of an amended dock permit issued to Erickson by OCRM, permit under OCRM 00-1034. After extended litigation between the parties through their attorneys they have reached a final settlement of all the issues on Appeal by agreeing to the following:

1. Attached hereto as Exhibit "A" is a drawing of the dock as it will be re-configured giving the dimensions and location of the elements of the dock including the pier head, the floater, and the boatlift. This drawing was done by Duncan O'Quinn, the dock builder who will commence work on the re-configuration of the dock immediately and will have the work completed within Ninety (90) days of the date of this agreement.

2. It is agreed that Erickson will not cover, by roof or other means, the pier head.

3. It is agreed that lighting, if any on the pier head, will not exceed an incandescent light of more than one hundred (100) watts which light, if erected and utilized, will be shielded with a three hundred sixty (360) degree circular shield with no portion of the bulb extending below any portion of the shield.

4. It is agreed that any shellfish resources will not be disturbed to the maximum extent feasible. If any shellfish resources should be affected by the structure, then the parties agrees to move said resources.

5. It is agreed that the work required to reconfigure the dock will cost Ten Thousand Dollars ($10,000.00) and will be paid as follows:

a) Three thousand dollars ($3000.00) from Taylor;

b) Three thousand dollars ($3000) from Murray;

c) Three thousand dollars ($3000) from Erickson; and

d) The balance of One thousand dollars ($1000.00) is to be made up by a deduction of Five hundred dollars ($500.00) in legal fees from the Taylor and Murray attorney, V. M. Manning Smith, and a deduction of Five hundred dollars ($500.00) in legal fees Brent Kiker, the Erickson attorney.

6. OCRM agrees that the above proposal of dock re-configuration is in conformance with its rules and regulations and consents thereto without further administrative process or permit amendment.

7. This agreement is intended to and does herewith comprise a full release and discharge of any and all pending, past, or present claims of any nature whatsoever whether legal, equitable, or administrative by and between the parties arising from this action. Through their signatures below, the parties herewith bind their heirs, successors, and assigns to the terms of this agreement forever.

8. In light of the foregoing agreement of the parties and having considered the issues raised by the parties in their pleadings and briefs heretofore filed with this Court, it is ORDERED, ADJUDGED, AND DECREED that that the foregoing agreement become the Order of this Court not subject to Appeal or reconsideration by any of the parties and that this Order forever ends this matter.



____________________________________

Honorable Ray N. Stevens

Administrative Law Judge



This 22nd day of March, 2002

Columbia, South Carolina





I Consent:







________________________ ______________________________

V.M. Manning Smith, Esquire J. Brent Kiker, Esquire

Attorney for the Plaintiffs Attorney for the Defendants









___________________________

Mary D. Shahid, Esquire

Attorney for the Defendants, OCRM


Brown Bldg.

 

 

 

 

 

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