ORDERS:
ORDER DENYING MOTION
STATEMENT OF THE CASE
This matter comes before me on the motion of Petitioners for Stay of Proceedings in this
matter pending a determination of the contractual rights and privileges to the use and ownership of
certain real property which is to be used to construct a turkey farm under a proposed permit issued
to Respondent Shultz Turkey Facility by the Department of Health and Environmental Control
("DHEC"). A hearing on the motion was held before the Administrative Law Judge Division on
August 20, 1997. Counsel appeared and rendered oral arguments in favor of and in opposition to the
motion.
On June 23, 1997, DHEC issued Turkey Facility Construction Permit #18, 304-AG to Mr.
Timothy Shultz to construct a wastewater treatment system for two brooder and four growout houses
on property currently owned by Mr. Charles Knight. Mr. Shultz contracted with Mr. Knight to
purchase his property, dependent upon the grant of a DHEC permit to Mr. Shultz. Subsequent acts
have allegedly transpired that have interfered with the sale of the property to Mr. Shultz.
On August 5, 1997, Respondent Timothy Shultz filed with the York County Circuit Court
a Lis Pendens to preserve his rights under the Contract of Purchase of Sale entered into by and
between himself and Charles and Lavone Knight. Petitioners contend that Mr. Shultz has to show
that he has an enforceable right to own the property to continue the proceedings before this tribunal.
I do not agree. Notwithstanding there may exist a dispute over the contract to purchase the land,
which this tribunal is without jurisdiction to hear and decide, the statutes and regulations governing
the grant or denial of a permit to construct a waste water facility for agricultural use do not require
ownership of the property. DHEC does not consider ownership of property as a basis for making its
decision regarding the permit.
While a resolution of the issue of ownership or ability to purchase property may ultimately
determine the fate of the permit to construct, if issued, the issue is not germane to this tribunal's
determination of whether the permit to construct a waste treatment and collection system for a turkey
growout facility to Mr. Timothy Shultz is proper. Therefore, Petitioner's Motion to Stay the
Proceedings of this matter is DENIED.
IT IS FURTHER ORDERED that Petitioners file a Prehearing Statement, as required by a
previous Order, no later than Friday, September 5, 1997.
AND IT IS SO ORDERED.
_______________________________
ALISON RENEE LEE
Administrative Law Judge
August 29, 1997
Columbia, South Carolina. |
