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 OF DISMISSAL

This is an administrative matter pending before the Administrative Law Judge Division for a contested case hearing to review the amendment by the Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management to Permit (P/N 88-3D-022-P) to the City of North Myrtle Beach. By Order dated April 27, 1995 the contested case hearing was held in abeyance until May 1, 1997. In the Order, any party to the proceeding had the right to request and be granted an administrative hearing relating to the merits of the contested case. "In the event no party makes such a request before May 1, 1997, then the permit will [sic] as amended will vest and the administrative appeal will be dismissed with prejudice." The parties were notified by letter dated May 5, 1997 of the provisions of the Order relating to the dismissal of the case and were provided additional time to notify the Division of any objection. There has been no response to the letter.

IT IS THEREFORE,

ORDERED, that the stay issued April 27, 1995 is lifted and the provisions of Permit (P/N 88-3D-022-P) including any amendments thereto are effective immediately. The matter pending before the Division is hereby DISMISSED WITH PREJUDICE.

AND IT IS SO ORDERED.

This the 12th day of May , 1997.



ALISON RENEE LEE

Administrative Law Judge

Edgar A. Brown Building (Suite 224)

Post Office Box 11667

Columbia, South Carolina 29211


Brown Bldg.

 

 

 

 

 

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