Summary
The South Carolina Supreme Court held that Act 387's savings clause preserved Sierra Club's pending appeal from an administrative law judge's decision concerning Chem-Nuclear's radioactive waste facility license. However, because the appeal was pending before the South Carolina Board of Health and Environmental Control rather than before the Administrative Law Court or circuit court, the Board lacked jurisdiction under Act 387. The court ordered the appeal transferred to the South Carolina Court of Appeals.
Holdings
- Section 55 of Act 387 preserved Sierra Club's perfected appeal because it was a pending appeal existing on the Act's effective date.
- The Board did not have jurisdiction under Act 387 to hear Sierra Club's pending appeal; jurisdiction was transferred to the South Carolina Court of Appeals.
Questions Presented
- Whether Act 387's savings clause preserved Sierra Club's pending appeal from the Administrative Law Court.
- Whether Act 387 placed jurisdiction over Sierra Club's pending appeal in the Board or transferred jurisdiction to the South Carolina Court of Appeals.
Disposition
other
Cases Cited (9)
- Hodges v. Rainey, 341 S.C. 79, 533 S.E.2d 578 (2000)(followed)
- Mid-State Auto Auction of Lexington, Inc. v. Altman, 324 S.C. 65, 476 S.E.2d 690 (1996)(followed)
- Hitachi Data Systems Corp. v. Leatherman, 309 S.C. 174, 420 S.E.2d 843 (1992)(followed)
- Hagood v. Sommerville, 362 S.C. 191, 607 S.E.2d 707 (2005)(followed)
- S.C. Dep't of Natural Res. v. McDonald, 367 S.C. 531, 626 S.E.2d 816 (Ct. App. 2006)(followed)
- Deltoro v. McMullen, 322 S.C. 328, 471 S.E.2d 742 (Ct. App. 1996)(followed)
- Badeaux v. Davis, 337 S.C. 195, 522 S.E.2d 835 (Ct. App. 1999)(cited)
- Jackson v. Speed, 326 S.C. 289, 486 S.E.2d 750 (1997)(followed)
- Carolina Power & Light Co. v. City of Bennettsville, 314 S.C. 137, 442 S.E.2d 177 (1994)(followed)
Cited In (0)
No citing cases on record yet.
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