York County v. SCDHEC

• Court: Supreme Court of South Carolina
• Decided: May 14, 2014
• Docket: 27387
• Status: Published

Opinion

THE STATE OF SOUTH CAROLINA

In The Supreme Court

York County and Nazareth Baptist Church of Rock Hill, Inc., Defendants,

of whom York County is Petitioner,

v.

South Carolina Department of Health and Environmental Control and C & D Management Company, LLC, Respondents.

Appellate Case No. 2012-212041

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal From The Administrative Law Court

Carolyn C. Matthews, Administrative Law Judge

Opinion No. 27387

Heard May 6, 2014 – Filed May 14, 2014

CERTIORARI DISMISSED AS IMPROVIDENTLY GRANTED

Amy Elizabeth Armstrong, of South Carolina

Environmental Law Project, of Pawleys Island, for

Petitioner.

W. Thomas Lavender, Jr., Leon C. Harmon, and Joan W. Hartley, all of Nexsen Pruet, LLC, of Columbia, and Susan A. Lake, of Columbia, for Respondents.

PER CURIAM: We granted certiorari to review the court of appeals' opinion in York County v. South Carolina Department of Health & Environmental Control, Op. No. 4940 (S.C. Ct. App. filed Feb. 8, 2012), which affirmed the administrative law court's final order upholding the South Carolina Department of Health and Environmental Control's issuance of a commercial construction, demolition waste and land-clearing debris landfill to C&D Management Company, LLC. We now dismiss the writ as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

TOAL, C.J., PLEICONES, KITTREDGE, HEARN, JJ., and Acting Justice James E. Moore, concur.