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 |