ORDERS:
ORDER AND FINAL DECISION
This matter comes before the Administrative Law Judge Division ("ALJD" or "Division"), pursuant to Petitioners' appeal
of Respondent South Carolina Department of Health and Environmental Control, Office of Coastal Resource
Management's ("OCRM's") issuance of Permit number OCRM-01-640 to Respondents Rodney B. and Marsha G.
Williams for the construction of a private dock on their property in Big Landing, a waterfront subdivision located near
Little River, South Carolina.
Big Landing and its dock permit, issued in 1995, are the subject of ongoing litigation. In 1995, OCRM issued a dock
permit to the developers of Big Landing for the construction of a community dock. Included in that permit was a special
condition prohibiting the construction of any other dock in Big Landing. In 1999, the developers applied to OCRM to have
the special condition removed from Big Landing's dock permit. Thereafter, OCRM granted an amendment to the permit in
which it removed the special condition, but added two additional conditions. One condition restricted the number and type
of docks permissible in Big Landing to twelve joint-use docks. The second condition to the amended permit required that
the developers file a dock master plan in the RMC office of Horry County. Several individuals and groups appealed the
amended permit approved by OCRM to the Division. On March 20, 2000, the Honorable Ray N. Stevens conducted a
contested case hearing to consider whether OCRM's amending of Big Landing's dock permit was proper. In Windjammer
Village of Little River, Inc., et al v. SC Dept. of Environmental Control, Office of Ocean and Coastal Resource
Management, et al, Docket No. 99-ALJ-07-0362-CC, filed June 22, 2000, Judge Stevens affirmed OCRM's grant of an
amendment to Big Landing's dock permit.
After their Motion for Reconsideration failed, the petitioners appealed Judge Stevens' decision to the OCRM Review
Panel. The Panel affirmed and adopted Judge Stevens' order and denied the petitioners' subsequent Motion for
Reconsideration. The petitioners then appealed Judge Stevens' order to the Court of Common Pleas for Horry County.
The parties continue to await a hearing date in that appeal.
In the case sub judice, the parties stipulate to and agree that the propriety of OCRM's issuance of Permit OCRM-01-640 is
completely dependent upon the outcome of the appeal of Judge Stevens' June 22, 2000 order. If Judge Stevens' order is
ultimately affirmed, the Petitioners stipulate to and agree that Permit OCRM-01-640 was properly issued and that
Petitioners have no legal recourse against the Respondents for the issuance of the permit or the construction of the
Williams' dock. If Judge Stevens' order is ultimately reversed, the Respondents stipulate to and agree that Permit OCRM-01-640 was improperly issued. Consequently,
IT IS HEREBY ORDERED that OCRM's issuance of Permit OCRM-01-640 is AFFIRMED unless and until such time
as Judge Stevens' June 22, 2000 Order in Windjammer Village of Little River, Inc., et al v. SC Dept. of Environmental
Control, Office of Ocean and Coastal Resource Management, et al, Docket No. 99-ALJ-07-0362-CC is reversed by a final
order of a court of last resort;
AND IT IS SO ORDERED.
___________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
September 17, 2002
Columbia, South Carolina |
