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:
L.L. Smith and Sons, Inc. et al. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

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
 
DOCKET NUMBER:
00-ALJ-07-0368-CC

APPEARANCES:
M. Shawn Harmon
Staff Counsel
South Carolina Department of Health
and Environmental Control
2600 Bull Street
Columbia, SC 29201-1708
(803)898-3368

Frank J. Bryan
Attorney for L.L. Smith, Jr.
Post Office Drawer 14607
Surfside Beach, SC 29587
(843)238-5141
 

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


Brown Bldg.

 

 

 

 

 

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