Williams v. SCDHEC ( 2011 )

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Patrick J. Williams, Robert A. Bates, Sr., Linda R. Bates, Mike Sheldon, and Carol Sheldon, Appellants,

v.

South Carolina Department of Health and Environmental Control and Bolen Turkey Farm, Respondents.

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Appeal From Administrative Law Court
Ralph K. Anderson, III, Administrative Law Court Judge

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Unpublished Opinion No. 2011-UP-341
Heard June 7, 2011 – Filed June 29, 2011   

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AFFIRMED

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Robert  Guild, of Columbia, for Appellants.

Michael P. Horger and Stephen P. Hightower, of Columbia, for Respondents.

PER CURIAM: In this contested permit case, the Appellants argue the South Carolina Department of Health and Environmental Control (the Department) failed to properly carry out its regulatory mandate in issuing Bolen Farm a permit to construct and operate an agricultural animal facility.  We find no error of law in the Department's decision to issue Bolen Farm's permit, and therefore affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities:  S.C. Code Ann. § 1-23-610(B) (Supp. 2010) (providing the standard of review for decisions of the Administrative Law Court (ALC)); Original Blue Ribbon Taxi Corp. v. S.C. Dep't of Motor Vehicles, 380 S.C. 600, 604, 670 S.E.2d 674, 676 (Ct. App. 2008) ("The decision of the [ALC] should not be overturned unless it is unsupported by substantial evidence or controlled by some error of law."); Id. at 605, 670 S.E.2d at 676 ("Substantial evidence, when considering the record as a whole, would allow reasonable minds to reach the same conclusion as the [ALC] and is more than a mere scintilla of evidence."). 

AFFIRMED.

FEW, C.J. PIEPER and LOCKEMY, JJ., concur.