ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to a request for a contested case hearing filed by the Town of Blenheim in which they
object to the Department of Health and Environmental Control's (Department) issuance of Permit No. 18,667-AG to Cedar
Hill Hog Farm (Cedar Hill). On December 27, 2001, I issued an Order for Prehearing Statements in which each party was
given fifteen (15) days to submit their Prehearing Statement. Pursuant to that Order, the Town of Blenheim and the
Department submitted their statements but Respondent Cedar Hill, the permittee in this action, did not. By letter dated
February 19, 2002, Respondent Cedar Hill was granted an additional ten (10) days to submit their Prehearing Statement.
After Cedar Hill did not submit its statement, a conference call was scheduled with all the parties on March 13, 2002. This
office repeatedly tried to connect with Cedar Hill and was unable to do so. Pursuant to Administrative Law Judge Division
Rule 23, Cedar Hill was dismissed from this action with prejudice by my Order dated March 27, 2002.
Thereafter, on June 25, 2002, the Department filed a Notice of Motion and Motion to Dismiss, in which the Department set
forth that this case is now moot because the Department formally revoked the issuance of the agricultural permit and denied
the application on June 24, 2002 due to Cedar Hill's failure to submit documentation verifying that Cedar Hill had an
ownership or possessory interest in the property which was the site of the proposed swine facility. Because the central
issue in this matter was whether the Department properly issued the agricultural permit to the applicant and the Department
has withdrawn its decision to issue the permit, I find that this matter is now moot. See Mathis v. South Carolina State
Highway Dep't, 260 S.C. 344, 195 S.E.2d 713 (1973) (An issue is moot when a judgment on the issue will have
no practical effect on an existing case or controversy.) Therefore, finding good cause,
IT IS HEREBY ORDERED that this appeal be DISMISSED.
AND IT IS SO ORDERED.
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Ralph King Anderson, III
Administrative Law Judge
July 2, 2002
Columbia, South Carolina |
