Sarrio v. SCDHEC

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

Charles Sarrio,
Dolly Sarrio and daughter, Joey Matthews, Fran Matthews and children, Robert
Randle, J.E. Parnell, Catherine Parnell and children, Barbara Kolesar,
Millard Rogers and Concerned Citizens of Sparrow Swamp, Appellants,

v.

South Carolina
Department of Health and Environmental Control and Will Ward Farm, Respondents.

Appeal from the Administrative Law Court

John D. McLeod, Administrative Law Judge

Unpublished Opinion No.  2011-UP-521 

Submitted November 1, 2011 – Filed
December 1, 2011

AFFIRMED

Robert Guild, of Columbia, for Appellants.

Leon Carroll Harmon, of Greenville, and
Stephen Philip Hightower, of Columbia, for Respondents.

PER CURIAM:  In
this contested permit case, Appellants argue the South Carolina Department of
Health and Environmental Control (the Department) failed to properly carry out
its regulatory mandate in issuing Will Ward Farm a permit to construct and
operate an agricultural animal facility.  We find no error of law in the
Department's decision to issue Will Ward Farm's permit and, therefore, affirm[1] 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.

HUFF, PIEPER,
and LOCKEMY, JJ., concur.

[1] We decide this case without oral argument pursuant to
Rule 215, SCACR.