Williams 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

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.

Appeal From Administrative Law Court

Ralph K. Anderson, III, Administrative
Law Court Judge

Unpublished Opinion No. 2011-UP-341

Heard June 7, 2011 – Filed June 29, 2011   

AFFIRMED

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.