ORDERS:
ORDER OF DISMISSAL
The above matter is a contested case brought by the Petitioner pursuant to the denial of the
South Carolina DHEC Bureau of Ocean and Coastal Resource Management Bridge and Fill Permit
which was filed by the Petitioner on December 9, 1997.
The Petitioner filed a motion on June 30, 1998, to Dismiss its Appeal, without Prejudice.
The Petitioner filed a Memorandum in support of the motion to dismiss this case and the Intervenors
filed Responses to the Motion to Dismiss. A telephone conference was held with all parties
participating on July 15, 1998.
Stancel E. Kirkland submitted a proposal which was consented to by the other parties to
dismiss the action with prejudice with the Petitioner retaining the right to file a new application with
the Bureau of Ocean Coastal Resource Management which would not be prejudiced by this
Dismissal.
IT IS THEREFORE ORDERED that this case be dismissed, with prejudice.
IT IS FURTHER ORDERED that this Order of Dismissal shall not prejudice the rights of
the Petitioner to file a new Permit Application with the DHEC/OCRM to access the property which
is the subject of this action.
________________________
Ralph King Anderson, III
Administrative Law Judge
July 15, 1998
Columbia, South Carolina |