ORDERS:
ORDER
This matter came before me for a Pre-trial Conference on the above-captioned matter. The
Petitioners seek review of DHEC's enforcement action against the owners of Lake Trotwood dam
for alleged violations of the Dams and Reservoirs Safety Act (S.C. Code Ann. § 49-11-10 et. seq.
). The Department of Transportation is a party because it is alleged that the Department is
required to maintain the dams because it has jurisdiction to maintain the state road over the dam
have been raised. Numerous questions regarding ownership interest and the person or persons
legally responsible for the dam. The parties have informed this court of an action pending in
Richland County Circuit Court which addresses these issues. "E. Cecil Mills, Jr., et. al., Plaintiffs
vs. Frank Griffin, Jr., Defendant and Third Party Plaintiff vs. South Carolina Department of
Highways and Public Transportation, et. al., Third Party Defendants" Docket No. 92-CP-40-1610
should be resolved shortly. A resolution of the issues in this matter will dispose of most of the
issues pending in the matter for the Administrative Law Judge Division. The parties are also
discussing settlement in the circuit court case.
Based upon these factors, the parties have requested that this pending case be held in
abeyance. Therefore it is,
ORDERED, that in the interest of judicial economy and to prevent potential inconsistent rulings,
this matter is STAYED.
It is further ORDERED, all parties are under a continuing duty to provide a copy of any order
rendered by the Circuit Court in that case or any Orders of Settlement with terms attached to this
Division with service of same on opposing counsel.
AND IT IS SO ORDERED.
s/ALISON RENEE LEE
Administrative Law Judge
January 22, 1996
Columbia, South Carolina. |
