ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to the request of Petitioner, Prue M. Hammett, for a contested case hearing regarding the
decision of Respondent, South Carolina Department of Health and Environmental Control ("DHEC"), Office of Ocean and
Resource Management ("OCRM"), to deny Petitioner's application for a dock permit on Hobcaw Creek at 687 and 691
Boat Landing Alley, Mt. Pleasant, South Carolina. A hearing in this matter was set for November 25, 2002, at the offices
of the Administrative Law Judge Division ("ALJD") in Columbia, South Carolina. On November 19, 2002, Petitioner filed
a Motion to Dismiss this action, pursuant to Rule 41, SCRCP, on the grounds that Petitioner wishes to withdraw his permit
application and adjudication by this tribunal is no longer necessary.
Petitioner's Motion to Dismiss is silent as to whether Petitioner requests a dismissal with prejudice or a dismissal without
prejudice. Pursuant to Rule 41(b), SCRCP, an action may be dismissed by order of the court at the plaintiff's instance upon
such terms and conditions as the court deems proper. Rule 41(b) provides that a dismissal under that paragraph is without
prejudice unless otherwise specified in the order. Thus, the court may specify in its order that the dismissal pursuant to
Rule 41(b), SCRCP, is with prejudice if it deems dismissal with prejudice to be proper.
Five parties have requested and been granted intervention in this matter. The hearing in this matter has been continued
three times previously, twice at the request of Petitioner. This tribunal deems it proper under these circumstances to
dismiss this matter with prejudice. Accordingly,
IT IS HEREBY ORDERED that Petitioner's Motion to Dismiss is granted;
IT IS FURTHER ORDERED that the hearing scheduled in this matter for November 25, 2002 at the offices of the ALJD
is cancelled;
IT IS FURTHER ORDERED that this matter is dismissed with prejudice;
AND IT IS SO ORDERED.
____________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
November 20, 2002
Columbia, South Carolina |
