PARTIES:
Petitioner:
L.L. Smith and Sons, Inc., L.L. Smith, Jr., Uidine Smith; and L.L. Smith, III and L.L. Smith and Sons, Inc., L.L. Smith Jr., Uidine Smith; and L.L. Smith, III d/b/a Floyds Convenience Store and Triangle Exxon Station
Respondent:
South Carolina Department of Health and Environmental Control |
ORDERS:
CONSENT ORDER OF DISMISSAL
This matter comes before the court upon the motion of the South Carolina Department of Health and Environmental Control (the
"Department"), by and with the consent of L.L. Smith, Jr. for an Order dismissing both actions with prejudice as to L.L. Smith, Jr.,
and without prejudice as to all other parties.
In this case, the Department has issued two (2) Consolidated Administrative Orders, both with the number 99-0512-UST, one dated
July 15, 2000 and the other dated August 8, 2000. Each Order was served on L.L. Smith, Jr., and he has requested a hearing on each
resulting in the two (2) cases captioned above. No other party has requested a hearing, and it therefore appears that the dismissal of
the action should be without prejudice to all parties other than L.L. Smith, Jr., but must be with prejudice as to L.L. Smith, Jr., since
he has requested a hearing and there is a pending contested case.
Now therefore, upon motion of the Department, by and with the consent of L.L. Smith, Jr., it is hereby
ORDERED that the above captioned actions, and the Administrative Orders which were the basis for them, are hereby dismissed and
ended with prejudice as to L.L. Smith, Jr., and without prejudice as to all other parties.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
September 21, 2000
Columbia, South Carolina |