ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the Court by consent of the parties for entry of a Consent Order. This
contested cases appeal arises out of the issuance of permit number 2003-1E-301-P by the
Respondent, South Carolina Department of Health and Environmental Control (DHEC) to
Respondent Louisa Cory.
FINDINGS OF FACT
1.On January 14, 2004, Respondent DHEC issued permit number 2003-1E-301-P to Louisa
Cory. The permit allowed for the construction of a private, recreational dock, on and
adjacent to the Charleston Harbour, Mt. Pleasant, Charleston County, South Carolina. The
permit was issued to Ms. Cory on January 14, 2004, and validated on February 10, 2004.
The Petitioner timely filed a request for a contested case hearing before this Court.
2.On January 13, 2004, Mr. and Mrs. Mark Elam purchased Ms. Cory’s property. On April 13,
2004, prior to the transmittal of this case, OCRM transferred the permit from Ms. Cory to the
Elams. During the pendency of this appeal, counsel for the Elams filed a Motion to Substitute
Mark R. Elam as Respondent. Based on that motion and the attached exhibits, I concluded
that Mr. Elam is the real party in interest and granted that motion.
CONCLUSIONS OF LAW
1.Jurisdiction is proper before this Court pursuant to S.C. Code Ann. § 1-23-310 et seq. (Supp.
2003) and S.C. Code Ann. § 48-39-10 et seq. (Supp. 2003).
2.The parties have resolved their differences in this contested case, agreeing that critical permit
number 2003-1E-301-P should be modified so as to move the approved boatlift from its
current location to the opposite, southeaster side of the pierhead. All other aspects of the
permit shall remain intact. Mr. Cowie agrees to withdraw his objection to Respondent’s
permit. The parties further agree that this agreement shall be binding on the parties heirs and
assigns.
ORDER
Based on the foregoing finding and conclusions, IT IS THEREFORE ORDERED that permit
number 2003-1E-301-P is modified as stated herein and that this Order shall be incorporated in the
permit.
IT IS ALSO ORDERED that this action is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
CHIEF ADMINISTRATIVE LAW JUDGE
July 26, 2004
Columbia, SC |
