ORDERS:
ORDER
This matter was originally before me pursuant to a decision of the South Carolina Department
of Health and Environmental Control (Department) to grant State Construction Permit, #18,380-AG,
to Tony Carter Broiler Facility (Carter) for the construction of a chicken broiler facility. After a
contested case hearing on May 5, 1998, I granted the Construction Permit upon the removal of Tract
# 9003 from the waste management plan on October 29, 1998.
The Petitioner thereafter filed a "Motion for Reconsideration" with this Division on
November 12, 1998. Though I was in the process of issuing an Order pursuant to that Motion,
Petitioner filed a Notice of Appeal of my Final Decision with the Respondent's Board dated
December 11, 1998. Consequently, this Court no longer has jurisdiction of this matter and therefore,
cannot consider the Petitioner's Motion. See Alston v. Limehouse, 61 S.C. 1, 39 S.E. 193 (1901) (the
perfecting of an appeal divests the lower court of jurisdiction); Bunkum v. Manor Properties, 321
S.C. 95, 467 S.E.2d 758, 760 (S.C. App. 1996) ("Once the notice of appeal was served, the Supreme
Court had exclusive jurisdiction over the appeal, except the lower court retained jurisdiction to
entertain petitions for supersedeas under Rule 225. See Rule 204, SCACR.").
IT IS THEREFORE ORDERED that Petitioner's Motion for Reconsideration is denied.
AND IT IS SO ORDERED.
__________________________
Ralph King Anderson, III
Administrative Law Judge
December 21, 1998
Columbia, South Carolina |
