ORDERS:
ORDER DENYING MOTION FOR LEAVE TO INTERVENE AND MOTION FOR CONTINUANCE
This matter is before me upon Motion for Leave to Intervene and Motion for Continuance filed
pursuant to ALJD Rules 19 and 20 on April 29, 1996, by Dr. James R. Burns. This case involves
an application for a construction permit for a turkey facility. As resident adjoining landowners,
Mr. & Mrs. Oscar C. Doster, Petitioners, oppose the issuance of the permit.
Dr. James R. Burns ("Movant"), a non-resident adjoining landowner, seeks to be admitted as a
party to also oppose issuance of the permit. If admitted as an intervenor, Dr. Burns seeks a
continuance to allow an opportunity to retain counsel and prepare his case.
A motion hearing was held via teleconference at approximately 3:30 p.m. on April 29, 1996, with
Attorney J. Franklin Burns; Dr. James R. Burns; Mrs. Oscar C. Doster; Thomas G. Eppink,
Attorney for Respondent South Carolina Department of Health and Environmental Control; and
W. Thomas Lavender, Jr., and John W. Davidson, Attorneys for Respondent
Baron Hendrix.
Movant's motions are not timely. The contested case hearing is scheduled to commence May 1,
1996. Movant has had knowledge of the permit application of Respondent Baron Hendrix since
January 1995, and has failed to provide an adequate reason for not moving to intervene earlier.
Movant's interests are adequately represented by Petitioners' involvement in the case, and
intervention would unduly delay the proceedings. For the foregoing reasons and upon
consideration of all arguments presented,
IT IS THEREFORE ORDERED that Movant's Motion for Leave to Intervene and Motion for
Continuance are denied.
IT IS FURTHER ORDERED that Petitioners are granted leave to name and call
Dr. James R. Burns as a witness at the contested case hearing on May 1, 1996, with Dr. Burns
being subject to cross-examination by Respondents.
AND IT IS SO ORDERED.
_______________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
April 30, 1995
Columbia, South Carolina |
