South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
C. Frank Kelley vs. Lexington County Auditor

AGENCY:
Lexington County Auditor

PARTIES:
Petitioners:
C. Frank Kelley

Respondents:
Lexington County Auditor
 
DOCKET NUMBER:
00-ALJ-17-0331-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER

This matter is before the Administrative Law Judge Division ("Division") pursuant to Petitioner's Motion to Reopen this case. (1)

The original order filed November 22, 2000, ordered the Auditor to recalculate the property taxes on Petitioner's 1995 Dodge Caravan based upon a valuation of $3125.00. Petitioner then filed a Motion to Enforce the Final Order. The undersigned issued a second order on February 6, 2001, ordering the Auditor to calculate the taxes and interest and deliver the refund to Petitioner within thirty days of that order.

On March 12, 2001, the undersigned received a letter from Petitioner wherein Petitioner asserted the Auditor incorrectly calculated the amount of the refund. Petitioner claimed the correct refund was $97.82 rather than $43.50, as determined by the Auditor. In a letter dated March 13, 2001, the office of the undersigned informed Petitioner that he did not deliver a copy of his letter to the Auditor. The letter of March 13, 2001, and a copy of Petitioner's letter was sent to the Auditor for him to review Petitioner's calculations and to correct the amount of the refund if necessary. On March 22, 2001, Petitioner submitted a Motion to Reopen the case.

The Auditor has complied with the order of the undersigned. The Motion to Reopen, therefore, is denied.

IT IS HEREBY ORDERED that Petitioner's Motion to Reopen the case is denied. Any appeal of this decision must be filed in circuit court within thirty days of the date of this order.

AND IT IS SO ORDERED.



__________________________________

MARVIN F. KITTRELL

Chief Administrative Law Judge

March 28, 2001

Columbia, South Carolina

1. On March 22, 2001, Petitioner wrote a letter to the office of the undersigned asking the undersigned to reopen this case because the Auditor "has failed to completely comply with the court's order of Feb. 6, 2001, to calculate and/or recalculate the correct tax on Petitioner's 1995 Dodge Caravan." The undersigned will treat this letter as a Motion to Reopen.


 

 

 

 

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