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MIDLANDS UTILITY, INC. v. S. C. D. H. E. C.

22453

287 S.C. 483 (1986)

339 S.E.2d 862

MIDLANDS UTILITY, INC., Appellant, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Respondent.

Supreme Court of South Carolina.

Decided January 29, 1986.

Attorney(s) appearing for the Case

Jean L. Perrin, Lexington, for appellant.

John Harleston, Staff Counsel, and Walton J. McLeod, III, Gen. Counsel, Columbia, and Atty. Gen. T. Travis Medlock, Columbia, for respondent.

Heard Dec. 16, 1985.

Decided Jan. 29, 1986.

LITTLEJOHN, Acting Justice:

Appellant, Midlands Utility, Inc., submits that the Circuit Court Judge erred in refusing to stay an order of Respondent, South Carolina Department of Health and Environmental Control (the Board), pending an appeal on its merits. We affirm.

The underlying action arose from a controversy growing out of the Board requiring extensive construction to be performed in the Utility...

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