SC Administrative Law Court Decisions

THE ABOVE NAMED Petitioner, James Island Public Service District (“PSD”) has reached a settlement of the above-captioned petition for contested case review with the Respondents, Ford Development Corporation and the South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management (“OCRM”). The terms and conditions of this settlement are fully set forth in a separate Settlement Agreement and Partial Release. Thus, the PSD, Ford Development and OCRM, by and through their undersigned counsel, with the consent of the Individual Petitioners, by and through their undersigned counsel, hereby STIPULATE that the

the PSD hereby withdraws, with prejudice, its contested case appeal OCRM’s permits issued to Ford authorizing construction of twenty seven (27) docks at the Belle Terre subdivision, Parrot Creek, James Island, South Carolina [OCRM P/N #2002-1E-316-P through P/N #2002-1E-320-P (Lots 1-5 Belle Terre), P/N #2002-1E-321-P (Lot 7 Belle Terre), P/N # 2002–1E-322-P through P/N #2002-1E-341-P (Lots 9-28 Belle Terre) and P/N 32002-1E-434-P (Lot 8 Belle Terre)]. The same parties additionally stipulate that Ford will waive any request for sanctions against the PSD under Rule 72 of the South Carolina Administrative Law Judge Division Rules of Procedure.

ACCORDINGLY, BASED ON the foregoing stipulations, and pursuant to Rule 41(b) of the South Carolina Rules of Civil Procedure, the PSD’s petition for contested case review should be, and the same is hereby, DISMISSED with prejudice. The PSD, Ford and OCRM will bear their own attorneys’ fees and costs incurred in this action.

This Stipulation in no way bears upon, or prejudices, the petition for contested case review brought by the Individual Petitioners against Respondents which is still pending before the Administrative Law Judge Division.