Midlands Utility, Inc. v. South Carolina Department of Health & Environmental Control

Respondent (Midlands) instituted this action against appellant (DHEC) in circuit court asking the court to require DHEC to issue a construction permit. DHEC answered and counterclaimed alleging that Midlands had abandoned its appeal from an order of the Board issued in 1988 and was in violation of that order and asking that the court impose penalties for the violations. DHEC also asked the court to impose penalties for Midlands’ alleged violations of its permits and DHEC regulations and sought injunctive and other relief. The circuit court granted mandamus against DHEC, refused to assess any…