ORDERS:
CONSENT ORDER OF DISMISSAL
IT APPEARS to this Court that the parties in the above-referenced matter have resolved their differences
and entered into a settlement agreement regarding the placement of the dock at 945 White Point Court, James
Island, South Carolina 29412. Therefore, the parties wish to dismiss the Complaint in this matter with prejudice.
It further appears that the parties agree that the dock shall be constructed and located as shown on the plat
attached hereto as Exhibit A and incorporated herein by reference. Furthermore, dock permit #OCRM-97-316-G
issued for 945 White Point Court, James Island, South Carolina 29412 shall be modified so as to reflect the
agreement of the parties and incorporate the above-referenced plat.
The parties hereby acknowledge that the construction of the Greer dock will be performed by a contractor
using reasonable efforts to locate the dock according to the survey attached hereto as Exhibit A. The parties agree
that reasonable variations in the location of the dock as constructed from the survey of the stake out of the dock
will not be cause for seeking enforcement of the dock as constructed to conform precisely with the survey.
Reasonable variation is agreed to includedight movement in the placement of the structural elements of the dock
from the survey of the stake out of the dock to avoid improvements on the Greer property and minor variations
as may be expected from construction in the field of permitted structures using reasonable care.
Therefore, upon the motion of all parties, by and through their undersigned attorneys,
IT IS ORDERED that the Complaint in the above-captioned action is forever dismissed with prejudice,
with the parties bearing their own costs and attorneys fees.
SO ORDERED this 6th day of April, 1998.
________________________
Honorable Alison Renee Lee
Administrative Law Judge
Charleston, South Carolina |
