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SC Administrative Law Court Decisions

CAPTION:
Norma B. Sudano vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Norma B. Sudano

Respondent:
S.C. Department of Health and and Environmental Control, Bureau of Ocean and Coastal Resource, Lydia B. and Robert M. Johnson, Jr.
 
DOCKET NUMBER:
98-ALJ-07-0144-CC

APPEARANCES:
C.C. Harness, III
Attorney for Lydia B. and
Robert M. Johnson, Jr.

Norma B. Sudano

John P. Kassebaum, II, Esquire
Attorney for SCDHEC/OCRM
 

ORDERS:

SETTLEMENT AGREEMENT

THE PETITIONER, Norma B. Sudano appealed the decision of SCDHEC/OCRM to issue a dock permit to Lydia B. and Robert M. Johnson, Jr., P/N -OCRM - 97-388-E. The dock would be located in Camp Road Estates subdivision, James Island, Charleston County, South Carolina.

WHEREAS, the parties have agreed to resolve this matter pursuant to the following alteration in the proposed structure and the following additional agreements:

1. Lydia B. and Robert M. Johnson, Jr. agree to relocate the dock according to the attached drawing. The intent of the drawing is to locate it in a way that least affects the view of Norma B. Sudano, an adjacent neighbor who lives at 1823 Cornish Avenue.

2. The relocation will place the walkway as far to the Northwest as possible and doglegging the walkway in the same direction subject to the regulations of DHEC/OCRM and the Johnsons' desire to reach deep water in James Island Creek.

3. All other conditions of the Permit required by DHEC/OCRM will apply to construction.









4. Lydia B. and Robert M. Johnson, Jr. further agree to re-survey the northwest property line between their lot and that of Norma B. Sudano. Iron pipes or other permanent markers will be placed along the lines to insure proper evidence of the line. Additionally, the Johnsons will convey a parcel of land as shown on the attached plat to enable unencumbered use of the existing dock on the Sudano property.

5. All costs associated with implementing this agreement will be borne by Lydia B. and Robert M. Johnson, Jr.

6. Norma B. Sudano for her part agrees to dismiss her appeal of Permit No. OCRM - 97-388-E.

Date 4-17 , 1998

Witnesses:

Valarie I. Sudano Norma B. Sudano

Diane Strickland Lydia B. Johnson

Robert M. Johnson, Jr.























STATE OF SOUTH CAROLINA

ADMINISTRATIVE LAW JUDGE DIVISION


Norma B. Sudano,

Petitioner,

vs.

South Carolina Department of Health and Environmental Control, Bureau of Ocean and Coastal Resource Management, and Lydia B. and Robert M. Johnson, Jr.,

Respondents.



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ORDER OF DISMISSAL


DOCKET NO. 98-ALJ-07-0144-CC


It appearing that the parties hereto have settled this matter, this case is hereby dismissed with

prejudice and

IT IS SO ORDERED.

Columbia, South Carolina _______________________________

May 22, 1998 Presiding Judge


Brown Bldg.

 

 

 

 

 

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