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:
James L. Hyatt, Jr. vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
James L. Hyatt, Jr.


Respondent:
South Carolina Department of Health and Environmental Control and Charles Carnes Brooder Turkey Facility
 
DOCKET NUMBER:
95-ALJ-07-0633-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter comes before the undersigned by way of a an Agency transmittal from the Department of Health and Environmental Control (the "Department") directing the conduct of a hearing from which findings of fact and conclusions of law were to be made. Prior to the Hearing scheduled in this matter, the parties have reached an agreement which will effectively conclude this matter without any findings of fact or adjudication of the issues. This order will dispose of the issues raised in this matter.

This proceeding involves an appeal by the petitioner, James L. Hyatt, Jr. (the "petitioner") of Construction Permit #17,941-AG issued by the Department on August 30, 1995 to Charles Carnes for the construction of a waste treatment and/or collection system for a project consisting of two brooder turkey houses and other improvements. The petitioner appeals a number of the permit conditions as well as the siting of the proposed brooder houses. The petitioner has purchased the property of Respondent Carnes on which the Respondent proposed to build the brooder houses, and Respondent Carnes has withdrawn his construction permit application.

Accordingly, by and with the consent of all parties, it is ordered and agreed as follows:

1. This Order shall dismiss this matter.
2. The parties hereto waive their respective rights to have these matters reviewed by the administrative law judge.


IT IS SO ORDERED.

s/Stephen P. Bates

Administrative Law Judge

WE SO MOVE:

PETITIONER

By: s/W. Thomas Lavender Jr., Esquire

Date: 1/25/96

SOUTH CAROLINA DEPARTMENT OF HEALTH

AND ENVIRONMENTAL CONTROL

By: s/William S. Coleman, Jr., Esquire

Date: 25 January 96

s/CHARLES CARNES

Date: 1-22-96


Brown Bldg.

 

 

 

 

 

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