South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Kirkland Partnership vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Kirkland Partnership

Respondent:
South Carolina Department of Health and Environmental Control, Bureau of Ocean and Coastal Resource Management, South Carolina Coastal Conservation League, Felix A.Szczepanski and Gerard C. Smith
 
DOCKET NUMBER:
98-ALJ-07-0197-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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