ORDERS:
ORDER OF CONSOLIDATION
CONSOLIDATION
In the above-captioned matter, the South Carolina Department Health and Environmental
Control ("DHEC") filed a Motion to Consolidate two cases concerning the appeal of Public
Notice DHEC 96-C-347. The first appeal was filed by Sanders Johnson and Martha Johnson.
The second appeal was filed by Clara Davenport, Ophelia Randolph, Lucille Middleton, and
Frank Brooks.
According to Rule 42(a), SCRCP, when actions involving a common question or fact are
pending before the court, it may (1) order a joint hearing or trial of any or all matters in issue in
the action; (2) order all the actions consolidated; and, (3) make such orders concerning
proceedings therein as may tend to avoid unnecessary costs or delay. In the instant cases,
consolidation of the appeals will prevent delay and conserve judicial resources. Both appeals
challenge the same Public Notice and resolution of the matters appealed cannot be afforded
without considering all the claims together. Furthermore, a consolidated action is maintainable
in the present actions as the issues in question involve the same questions or facts. In the interest
of judicial expediency and economy, it is important to consolidate these two cases into one case
before this tribunal.
IT IS THEREFORE ORDERED that Docket # 97-ALJ-07-0253-CC and Docket # 97-ALJ-07-0266-CC are hereby consolidated. Docket # 97-ALJ-07-0266-CC is hereby
extinguished. This case will, hereinafter, be referred to as Docket # 97-ALJ-07-0253-CC and the
caption shall be amended to be inclusive of all the aforementioned Petitioners.
AND IT IS SO ORDERED.
__________________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
Columbia, South Carolina
June 16, 1997 |
