ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the Court pursuant to a Petition for Review timely served by Aaron Nettles
("Petitioner") seeking review of an Enforcement Order issued by the South Carolina Department
of Health and Environmental Control, Office of Ocean and Coastal Resource Management
("Respondent). Following docketing of the case in the Administrative Law Judge Division, a
contested case hearing was set for June 5, 1996. Prior to the date set for trial of the issues, the
parties notified the Court that an agreement had been reached to dismiss this action without
prejudice pending efforts by the Town of Sullivans Island to find a solution to the severe erosion
effecting Petitioner's property at the north end of Sullivans Island.
This Consent Order has been provided to the Court by the parties and represents their agreement
that:
1. Petitioner agrees to dismiss his appeal of Enforcement Order number 95C-12H without
prejudice.
2. Respondent agrees to hold Enforcement Order number 95C-12H in abeyance pending efforts
by the Town of Sullivans Island and affected property owners to find a more permanent solution
to the erosion problem on the beachfront at Breach Inlet. If no significant progress has been
made within six (6) months of the date of this Consent Order the parties have agreed to review
the situation. If Respondent proceeds with the enforcement order, Petitioner has the right to
renew this action at that time.
THEREFORE, with the consent of the parties, it is hereby ORDERED that Docket Number
95-ALJ-07-0727-CC is hereby dismissed without prejudice.
AND IT IS SO ORDERED.
______________________________
ALISON RENEE LEE
Administrative Law Judge
June ____, 1996
Columbia, South Carolina. |
