South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Robert E. Summer, III, d/b/a Lucy and Earl's vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Robert E. Summer, III, d/b/a Lucy and Earl's

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
99-ALJ-17-0374-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF REMAND

This matter comes before this tribunal pursuant to S.C. Code Ann. § 61-2-260 (Supp. 1998) and S.C. Code Ann. § 1-23-310 et seq. for a contested case hearing. Petitioner has applied for a sale and consumption (minibottle) license for an establishment located at 1016 College Street, Newberry, South Carolina.

According to counsel for both parties, certain material changes to the premises and/or surrounding area, which occurred subsequent to the transmittal of this action to the Administrative Law Judge Division, may have a direct impact on the issues presented to this Court. Furthermore, it is represented by all counsel that, in light of these changes, further development and review of those issues by the parties may obviate the necessity of a contested case hearing.

Therefore, with the consent of the parties, and in the interest of fairness, justice and judicial economy, it appears that this matter should be remanded, and that the Department should continue to process Petitioner's application for a sale and consumption license for 1016 College Street, Newberry, South Carolina, consistent with the stipulations described above.

















AND IT IS SO ORDERED.









___________________________________

C. DUKES SCOTT

ADMINISTRATIVE LAW JUDGE



September 29, 1999



Columbia, South Carolina







WE SO STIPULATE AND CONSENT:





________________________________

Geoffrey R. Bonham

Attorney for Respondent

S.C. Department of Revenue

P.O. Box 125

Columbia, SC 29214

(803) 898-5168







__________________________________

David B. Summer, Jr.

Parker, Poe, Adams & Bernstein L.L.P.

P.O. Box 1509

Columbia, SC 29202-1509

(803) 255-8000


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