ORDERS:
CONSENT ORDER OF DISMISSAL
IT HAS BEEN MADE TO APPEAR that the parties to this dispute have resolved the above
referenced matter to their satisfaction and agree, and do hereby consent, to the voluntary dismissal
of this action with prejudice; the Settlement Agreement is attached hereto and incorporated as
Exhibit A.
NOW, THEREFORE, at the instance of attorney for the Petitioner, Spring Island Co., and
with the consent of attorney for Respondent, and that of attorney for the Intervenors,
This action is hereby dismissed with prejudice and
IT IS SO ORDERED.
__________________________________
The Honorable Alison Renee Lee
Administrative Law Judge
Charleston, South Carolina
This 25th day of November, 1998.
WE SO MOVE: _________________________
C.C. Harness, III
Ogletree, Deakins, Nash,
Smoak & Stewart, P.C.
177 Meeting Street, Suite 310
Post Office Box 1808
Charleston, SC 29402
(843) 853-1300
ATTORNEY FOR PETITIONER
_________________________
William L. Bethea, Jr., Esquire
Suite 400
Shelter Cove Executive Park
23-B Shelter Cove Lane
Post Office Drawer 3
Hilton Head Island, SC 29938
ATTORNEY FOR THE PETITIONER
WE SO CONSENT: __________________________
Mary D. Shahid
General Counsel
OCRM
1362 McMillan Avenue; Suite 400
Charleston, SC 29405
(843) 744-5838
__________________________
Ellison D. Smith, IV, Esquire
Smith, Bundy, Bybee & Barnett
Post Office Box 579
Charleston, SC 29402-0579
(843) 577-6302
ATTORNEY FOR INTERVENORS
STATE OF SOUTH CAROLINA
ADMINISTRATIVE LAW JUDGE DIVISION
Spring Island Company,
Petitioner,
vs.
South Carolina Department of Health and
Environmental Control, Bureau of Ocean and
Coastal Resource Management,
Respondent,
and W.D. and Doris Blackmon, Curtis and
Dorothy Smart, Grant and Margaret Goldenstar,
Emily Ellis, Jeanette Crosby, Henry Walker, III,
Floyd and Carolyn Hill, Cecil A. Burch, Dave
and Eloise Beasley, Walter and Edith Nettles,
William and Lucy Hall, James and Margie
Taylor, D.E. and Debbie Pickney, James O.
Crosby, Perry and Yvette Hubbard, Reed and
Mary Salley, Winter and Ruth Wright, Walter
and Sarah Baxter, Marion and Judy Altman,
and Tina Fripp,
Intervenors.
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DOCKET NO. 98-ALJ-07-0196-CC
SETTLEMENT AGREEMENT
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The parties to the above captioned matter hereby agree as follows:
1. Spring Island Company will be allowed to construct three community docks in the size and
dimensions described in the permit application. These docks will be spread out along twelve
hundred (1200) ft. of shoreline of Chechessee Creek as shown on the attached drawing.
2. Spring Island will retain the use of the two existing structures on Chechessee Creek as shown
on the attached drawing, with a right to repair and restore in the same configuration, size and
dimensions.
3. No boats can be moored at the docks described in paragraphs 1 or 2 that are longer than thirty
(30) ft. stem to stern.
4. Spring Island, its grantees, successors and assigns shall have the right to construct single
family docks or joint use single family docks along Chechessee Creek for lots fronting on the creek.
No such dock shall serve for use by interior lots or the common use of residents of Spring Island.
5. Spring Island, its successors and assigns, agree to seek no further permits for community
docks along Chechessee Creek.
6. The parties agree to change the permit to conform to this agreement.
7. The Interveners agree to withdraw their appeal as of this permit or future single family docks
described in paragraphs 1 through 5 provided these paragraphs are adhered to by Spring Island. The
appeal of P/N # 971G-278-P shall be dismissed with prejudice.
8. Spring Island Company agrees to pay the attorney's fees for the Intervenors in this matter.
9. This Agreement shall be binding upon all of the parties, their heirs, successors and assigns.
This Agreement will be attached to a Consent Order of Dismissal and filed with the Court. It shall
be enforceable under the applicable law and rules.
______________________________
C.C. Harness, III
Ogletree, Deakins, Nash,
Smoak & Stewart, P.C.
177 Meeting Street, Suite 310
Post Office Box 1808
Charleston, SC 29402
(843) 853-1300
ATTORNEY FOR PETITIONER
_________________________
William L. Bethea, Jr., Esquire
Suite 400
Shelter Cove Executive Park
23-B Shelter Cove Lane
Post Office Drawer 3
Hilton Head Island, SC 29938
ATTORNEY FOR THE PETITIONER
__________________________
Mary D. Shahid
General Counsel
OCRM
1362 McMillan Avenue; Suite 400
Charleston, SC 29405
(843) 744-5838
__________________________
Ellison D. Smith, IV, Esquire
Smith, Bundy, Bybee & Barnett
Post Office Box 579
Charleston, SC 29402-0579
(843) 577-6302
ATTORNEY FOR INTERVENORS
Dated this 20th day of November 1998 |