ORDERS:
ORDER
On November 28, 1995, Robertson filed a Motion for a Temporary Restraining Order (TRO) to
stop Norris from constructing a dock. The order was granted on November 29, 1995 and
Robertson was required to post a one thousand dollar ($1,000) cash bond.
On December 4, 1995, a hearing was conducted to address Robertson's request for a temporary
injunction to prohibit Norris from constructing the dock until the contested case on the merits was
concluded. On December 6, 1995, an order was issued denying the request for a temporary
injunction. Dr. Norris subsequently completed the dock and incurred additional costs of eight
hundred dollars ($800) due to the TRO ordered on November 29, 1995. Norris now seeks $800
of the $1,000 bond as reimbursement for her additional costs.
A party who proceeds with the construction of a dock during the course of a contested case on
the matter runs the risk of losing the case, and therefore, being forced to remove the dock. By
order dated May 31, 1996, Norris did not prevail on the merits of the case, and therefore, her
claim for the injunction bond is denied. Accordingly, no damages are due Norris and the $1,000
cash bond shall be returned to Robertson since the dock and walkway have been determined to be
unpermitted structures.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 31st day of May, 1996
Columbia, South Carolina |
