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:
Folly Beach United Methodist Church vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Folly Beach United Methodist Church

Respondent:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management and Betty R. Norman
 
DOCKET NUMBER:
02-ALJ-07-0387-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is before me pursuant to Petitioner's request for a contested case hearing regarding the decision of Respondent South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management ("OCRM"), to issue a permit to Respondent Betty R. Norman ("Norman") for the construction of a private dock on the Folly River at 110 W. Indian Avenue on Folly Beach, Charleston County. A hearing was scheduled for December 11, 2002, at the offices of the Administrative Law Judge Division in Columbia, South Carolina.

On December 3, 2002, a Declaratory Judgment action was filed by Petitioner in Circuit Court regarding a dispute between Petitioner and Norman over the ownership of a right-of-way which is positioned between the critical area and original lot lines of the Norman lot. Resolution of this title dispute may have a material impact upon the case before this tribunal. The parties previously consented, by Consent Order for Continuance filed November 7, 2002, that in the event a Declaratory Judgment action regarding title in this matter is filed in Circuit Court, this matter will be dismissed without prejudice with leave to restore consistent with the applicable rules. Therefore,

IT IS HEREBY ORDERED the hearing scheduled in this matter for December 11, 2002 is cancelled;

IT IS FURTHER ORDERED that this matter is dismissed without prejudice with leave to restore consistent with the applicable rules;





AND IT IS SO ORDERED.



______________________________

C. DUKES SCOTT

ADMINISTRATIVE LAW JUDGE

December 4, 2002

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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