ORDERS:
CONSENT ORDER TO REMAND
This matter comes before
the Administrative Law Court by consent of the parties. The case involves an
appeal of the valuation by the York County Tax Assessor regarding the Petitioners’
property, TMS # 537-04-01-006. A hearing was held before the York County Board
of Assessment Appeals (“Board”) on April 27, 2007, and on or about August 24, 2007, the Board issued a Final Decision. The parties agree that a
discrepancy exists between the vote taken at the hearing, as reflected by the
audio recording of the hearing, and the written transcript which resulted in
the Final Decision. Specifically, the audio recording reflects that a motion
to maintain the assessment of the Petitioners’ property “fails,” while the
written transcript of the hearing reads that the motion “passed.” (Tr. at 26).
The Petitioners and
the Respondent consent to remand the above-captioned proceeding to the Board
with instructions to issue an order consistent with the actions of the Board as
reflected in the audio recording from the hearing on the matter that occurred
on April 27, 2007.
WHEREFORE, IT IS
ORDERED that this matter be, and hereby is, REMANDED in its entirety to the
York County Board of Assessment Appeals for proceedings consistent with this
Order.
AND IT IS SO ORDERED.
November 27, 2007
____________________________________
Paige
J. Gossett
Administrative
Law Judge
WE CONSENT:
________________________________ ____________________________________
Daniel J. Ballou Michael
K. Kendree
HAMILTON MARTENS BALLOU ASST.
YORK COUNTY ATTORNEY
& SIPE, LLC P.O.
Drawer 299
Post Office Box 10940 York, South Carolina 29746
Rock Hill, South Carolina 29731 (803) 684-3559
(803) 329-7672 (803)
684-6682 (facsimile)
(803) 329-7678 (facsimile) ATTORNEY
FOR RESPONDENT
ATTORNEY FOR PETITIONERS
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