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:
Xanadu III Homeowners Association et al. vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Xanadu III Homeowners Association and Chateau-By-The-Sea Homeowners Association

Respondent:
South Carolina Department of Health and Environmental Control (OCRM) and the City of North Myrtle Beach
 
DOCKET NUMBER:
95-ALJ-07-0001-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER

This matter is an Administrative Appeal of an Amendment issued by OCRM, Permit (P/N 88-3D-022-P) to the City of North Myrtle Beach. In discussing this matter with counsel at a Pretrial Conference held on April 10, 1995 and a telephone conference on April 26, 1995, it appears that the project to implement the outfall has recently been removed from the budget of the City of North Myrtle Beach. Furthermore, there is a likelihood that other drainage projects underway or planned by the City of North Myrtle Beach would assist in alleviating the need for constructing this particular project. Given the fact that the City of North Myrtle Beach does not plan to construct this project in the near future, the Petitioner Homeowners Associations have suggested that the permit appeal be held in abeyance for a period of time. The parties have agreed to the stay. IT IS THEREFORE,

ORDERED that the administrative hearing on this permit be held in abeyance until May 1, 1997. Prior to that date, any party to this appeal has the right to request and be granted an administrative hearing relating to the merits of this appeal. In the event no party makes such a request before May 1, 1997, then the permit will as amended will vest and the administrative appeal will be dismissed with prejudice.

IT IS FURTHER ORDERED that the time granted to construct the project authorized by this amendment will be tolled, AND

IT IS SO ORDERED.







__________________________

ALISON RENEE LEE

Administrative Law Judge



April ____, 1995

Columbia, South Carolina.


Brown Bldg.

 

 

 

 

 

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