South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Ashley Johnson and Mary Johnson vs. DHEC, Office of Ocean and Coastal Resource Management

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
Ashley Johnson and Mary Johnson

Respondent:
South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management
 
DOCKET NUMBER:
02-ALJ-07-0234-CC

APPEARANCES:
Newman Jackson Smith
SC Bar No. 005245
Nelson Mullins Riley & Scarborough, LLP
Liberty Building, Suite 600
151 Meeting Street
Post Office Box 1806 (29402)
Charleston, SC 29401
(843) 853-5200

Attorneys for Petitioners

Leslie W. Stidham, Esquire
General Counsel
SC DHEC/OCRM
1362 McMillan Ave., Suite 400
Charleston, SC 29405
(843) 744-5838

Attorney for Respondent
 

ORDERS:

ORDER OF DISMISSAL

WHEREAS, Petitioners and Respondent have agreed to resolve this matter without need for a hearing; and,

WHEREAS, Petitioners and Respondent agree to dismiss this appeal with prejudice under the terms agreed to; and,

WHEREAS, the parties agree that this agreement shall be binding on the parties’ heirs and assigns;

NOW, THEREFORE, IT IS ORDERED that the South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, shall issue to Petitioners permit number OCRM-02-083-M as applied for, except that the permit shall contain the special condition: “This permit will be neither effective nor utilized for the construction of the dock until the Town of Kiawah Island has officially approved its construction.”

IT IS ALSO ORDERED that this appeal is DISMISSED with prejudice.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge


October 2, 2003

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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