ORDERS:
CONSENT ORDER OF DISMISSAL WITHOUT PREJUDICE
The above named Petitioners Mary Louise Fairey, Annie Reeves Fairey Spahr, Marion Clyde Fairey, Sr., William Bradford
Fairey, James Burke Fairey and David Nathan Fairey, and Respondent South Carolina Department of Health and
Environmental Control (DHEC), hereby consent to, with no objection from Respondent Exxon Company, U.S.A.
(EXXON), the dismissal of the Petition for Administrative Review in the referenced matter, without prejudice and without
costs. It is agreed by the Petitioners and Respondents herein that Petitioners may re-file a petition involving the same or
similar allegations and issues for a period of three (3) years from the date of this Order, or such further time as the parties
may agree upon. By agreeing to the dismissal without prejudice as set forth herein, no party either acknowledges or waives
any claim or defense that could otherwise be raised, except that the time limit for re-filing a petition is tolled for a period of
three (3) years.
AND IT IS SO ORDERED.
___________________________
John D. Geathers
Administrative Law Judge
February 14, 2000
WE CONSENT:
__________________________
Marion C. Fairey, Jr., Esquire
SPEIGHTS & RUNYAN
Attorney for Petitioners
Jacquelyn S. Dickman
Deputy General Counsel
Attorney for Respondent
SOUTH CAROLINA DEPARTMENT
OF HEALTH AND ENVIRONMENTAL
CONTROL
WITH NO OBJECTION:
__________________________
L. Walter Tollison, III, Esquire
NELSON MULLINS RILEY &
SCARBOROUGH, LLP
Attorney for Respondent EXXON
Office of General Counsel Tel. (803) 898-3350; Fax: (803)898-3367
March 23, 2000
The Honorable John D. Geathers
Administrative Law Judge
Post Office Box 11667
Columbia, SC 29211
Re: Mary Louise Fairey, Annie Reeves Fairey Spahr, Marion Clyde
Fairey, Sr., William Bradford Fairey, James Burke Fairey,and David
Nathan Fairey v. SCDHEC
99-ALJ-07-0334-CC
DHEC OGC File No. 8031
Dear Judge Geathers:
Enclosed for filing in the above-entitled matter, please find the
original and one copy of the proposed Consent Order of Dismissal
without Prejudice, along with a Certificate of Mailing. Please return
a clocked-in copy of each to me in the provided envelope.
Thank you for your assistance.
Very truly yours,
Jacquelyn S. Dickman
Deputy General Counsel
Enclosures
cc: Marion C. Fairey, Jr., Esq.
L. Walter Tollison, III, Esq.
Bette McKenney, UST
STATE OF SOUTH CAROLINA )
) CERTIFIFICATE OF MAILING
COUNTY OF RICHLAND )
THE undersigned states that she did serve the
Department's Proposed Consent Order of Dismissal
without Prejudice in 99-ALJ-07-0334-CC, upon all
parties of record this 21th day of January, 2000,
by placing one copy of same in the U.S. Mail as
follows:
Marion C. Fairey, Jr. Esquire
SPEIGHTS & RUNYAN
304 Lee Avenue
Post Office Box 685
Hampton, South Caroina 29924
L. Walter Tollison, III, Esquire
NELSON, MULLINS, RILEY & SCARBOROUGH,
LLP
Post Office Box 10084
Greenville, SC 29603
______________________
Betty W. McNulty-Treacy Legal Aide
SOUTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL CONTROL
Office of General Counsel
2600 Bull Street
Columbia, SC 29201
(803) 898-3350
FAX: (803) 898-3367
S:share/LEGAL/ALL/MATTERS/8031/CONSENT |
