ORDERS:
ORDER
This matter comes before me on the motion of Frances Braverman with the consent of Hadwin
Construction Company and South Carolina Department of Health and Environmental Control
("DHEC") to stay this matter pending a determination of the rights of Hadwin Construction and
Frances Braverman regarding certain property in Beaufort County.
Hadwin Construction had been issued a license allowing mining operations on property currently
owned by Braverman. Braverman upon purchase of the property refused to execute any
documents consenting to further operations by Hadwin on the property. DHEC revoked the
mining permit issued to Hadwin Construction and this contested case ensued.
Braverman has initiated an action in Common Pleas Court of Beaufort County (Civil Action No.:
96-CP-07-1104 filed July 3, 1996) seeking, inter alia, a determination of legal questions relating
to the license issued to Hadwin by Braverman's predecessor in title. A resolution of this issue is
imperative in determining whether the mining permit should be revoked.
Therefore, in the interest of justice,
IT IS HEREBY ORDERED, that the contested case proceeding captioned "Hadwin Construction
Company vs. South Carolina Department of Health and Environmental Control and Frances
Braverman," Docket No.: 96-ALJ-07-0248-CC is STAYED pending a resolution of the Beaufort
County Common Pleas action "Frances Braverman and Jerry Eddy vs. W. E. Hadwin, Sr. and
Hadwin Construction Company," Civil Action No.: 96-CP-07-1104 by order or settlement.
It is further ORDERED that the parties are under a continuing duty to provide this Court with a
copy of any orders or agreements resolving the matters set forth in the civil action.
AND IT IS SO ORDERED.
_____________________________
ALISON RENEE LEE
Administrative Law Judge
August ____, 1996
Columbia, South Carolina. |
