ORDERS:
ORDER OF DISMISSAL
In the above-captioned case, Petitioners challenge the issuance of a permit to Respondent Everett V. Presson to construct a
private dock along the Atlantic Intracoastal Waterway at 6969 Lightkeepers Lane, Awendaw, Charleston County by the
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management.
Pursuant to this tribunal's order of September 3, 1999, each party was required to file a prehearing statement with the
Administrative Law Judge Division and serve all parties within twenty days of the date of the order. By letter dated
September 19, 1999, Petitioner John Sanders informed this tribunal that he wishes to withdraw his protest of the permit.
Petitioner Andrew Manigault has not responded to this tribunal's order for a prehearing statement or to a letter from this
tribunal dated September 28, 1999 requesting the filing of a prehearing statement by October 5, 1999.
Pursuant to ALJD Rule 23, this matter is hereby dismissed. This Rule provides:
The administrative law judge may dismiss a contested case or dispose of a contested case adverse to the defaulting party. A
default occurs when a party fails to respond or otherwise prosecute or defend, fails to appear at a hearing without the proper
consent of the judge or fails to comply with any interlocutory order of the administrative law judge. Any non-defaulting
party may move for an order dismissing the case or terminating it adversely to the defaulting party.
ALJD Rule 23 (1997) (emphasis added).
By virtue of Petitioner Manigault's request for a contested case, he has an obligation to advance his position. Petitioner
Manigault has not requested an extension or enlargement of time pursuant to ALJD Rule 3B to comply with this tribunal's
order, but rather has been unresponsive to all communications. He has been given abundant opportunity to comply. "There
is a limit beyond which the court should not allow a litigant to consume the time of the court . . . ." Georganne Apparel, Inc.
v. Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990).
IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
________________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1677
October 8, 1999, 1999
Columbia, South Carolina |
