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Abel v. South Carolina Department of Health & Environmental Control

Citations: 419 S.C. 434; 798 S.E.2d 445; 2017 WL 1011011; 2017 S.C. App. LEXIS 44Docket: Appellate Case No. 2015-000602; Opinion No. 5474

Court: Court of Appeals of South Carolina; March 15, 2017; South Carolina; State Appellate Court

Narrative Opinion Summary

The case involves an appeal by the Abels against an Administrative Law Court (ALC) decision concerning a 2001 consent order related to wetlands preservation on property owned by a church. The original order, linked to a coastal zone consistency certification application by the church, mandated the wetlands' preservation. In 2012, the church's request for a new certification that included filling additional wetlands led to the ALC dismissing the request due to a lack of a final decision from the Department of Health and Environmental Control (DHEC). The DHEC later approved the new certification, prompting the Abels to contest it, asserting the 2001 order precluded such approval. The ALC acknowledged the consent order as a contract but dismissed the Abels' enforcement motion, interpreting the order as exclusive to the 2001 project. On appeal, the court applied the APA standard of review, finding the ALC erred by imposing a temporal limitation not present in the order's language. The court reversed the ALC's decision, emphasizing the need to honor the consent order's ongoing obligations, and remanded the case for further proceedings regarding an injunction request by the Abels.

Legal Issues Addressed

Enforcement of Consent Orders as Contracts

Application: The appellate court treated the consent order as a valid contract under South Carolina law, emphasizing that such agreements must be enforced as written and without alteration of terms.

Reasoning: The court emphasized that settlement agreements are treated as contracts under South Carolina law, with an obligation to enforce them as written, regardless of perceived reasonableness or the parties' diligence in protecting their rights.

Interpretation of Contract Terms

Application: The court interpreted the language of the consent order to reflect the parties' intentions, finding that the wetlands preservation clause imposed ongoing obligations without temporal limits.

Reasoning: The court agrees, emphasizing that contracts must be interpreted to fulfill the parties' intentions without altering their terms... the wetlands 'shall remain' in their natural state, indicating an intent for ongoing protection without temporal limits.

Standard of Review under the Administrative Procedures Act

Application: The appellate court applied the APA standard of review to determine whether the petitioner’s rights were prejudiced by legal error, leading to the reversal of the ALC's decision.

Reasoning: The appellate court applied the Administrative Procedures Act (APA) standard of review, which allows for reversal if a petitioner’s rights are prejudiced by legal error.

Temporal Limitations in Contractual Agreements

Application: The court rejected the ALC's imposition of a temporal limitation on the consent order, concluding that the order's language did not restrict its application to the 2001 project alone.

Reasoning: The ALC was found to have improperly rewritten the consent order's unambiguous language, particularly the clause stating that the wetlands 'shall remain' in their natural state, indicating an intent for ongoing protection without temporal limits.