MIDLANDS UTILITY, INC. v. S.C. DHEC

22993

301 S.C. 224 (1989)

391 S.E.2d 535

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

Supreme Court of South Carolina.

Decided March 27, 1989.


Attorney(s) appearing for the Case

William E. Booth, III, of Griffith, Mays, Foster & Kittrell, Columbia, for respondent.

General Counsel Walton J. McLeod, III, Staff Atty. Samuel L. Finklea, III, both of S.C. Dept. of Health and Environmental Control, Columbia, and John Harleston, of Taft, Stettinius & Hollister, Cincinnati, Ohio, for appellant.


Heard Jan. 10, 1989.

Decided March 27, 1989.

Per Curiam:

Respondent (Midlands) instituted this action against appellant (DHEC) in circuit court asking the court to require DHEC to issue a construction permit. DHEC answered and counterclaimed alleging that Midlands had abandoned its appeal from an order of the Board issued in 1983 and was in violation of that order and asking that the court impose penalties for the violations. DHEC also asked...

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