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:
SCDOR vs. Cynthia R. McDonald and James R. McDonald, Jr.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Cynthia R. McDonald and James R. McDonald, Jr.
 
DOCKET NUMBER:
97-ALJ-17-0689-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER

This matter came before the Court on Wednesday, February 18, 1998, at the Administrative Law Judge Division Hearing room, as an action to be heard on the merits before this Court. Based upon the specific facts of this case, Respondents moved to continue this matter, and Petitioner consented to and joined in that motion. Respondents' motion essentially alleged that there are two different cases currently before the Supreme Court of South Carolina that once decided, will easily resolved the issues involved in this case. Those two cases are Gateway Enterprise, Inc., v. DOR and Triple AAA Entertainment, et al., v. DOR and its companion McNichols Corp. V. DOR.

The parties have agreed to continue this case until July 15 or until Gateway and Triple AAA are decided by the Supreme Court, whichever arrives first. If the July 15, 1998, date arrives and the Supreme Court has not reached a decision, the Respondents agree that three of the five rooms involved in this case were in violation and Respondents will not contest violations assessed against those three rooms. Respondents will request a hearing on the other two rooms, and such hearing should be granted and heard within ten (10) days of July 15, 1998.

Therefore, it is the order of the Court that this matter be continued, with the above conditions in place, until the earlier of July 15, 1998, or until Supreme Court a\hands down its decision.

IT IS SO ORDERED.





RAY N. STEVENS

Administrative Law Judge

WE SO MOVE:



Richard A. Harpootlian

Attorney for Respondents

1720 Main Street, Suite 304

Columbia, South Carolina 29201

WE SO CONSENT:

Carol I. McMahan

Attorney for Petitioner

301 Gervais Street

Columbia, South Carolina 29214



NOTE: Order prepared by Respondents' attorney, Richard A. Harpootlian.


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