ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, the Petitioner and Respondent have reached a settlement of this action;
NOW, THEREFORE, on the motion of Pratt-Thomas Walker, P.A., attorneys for Petitioner, and with the consent of Bernard E. Ferrara, Jr., attorney for Respondent, it is hereby ordered that $13,000,000 is established as the final cumulative value for ad valorem tax purposes for all three parcels referenced above for tax year 2008, and that $12,500,000 is established as the final cumulative value for ad valorem tax purposes for all three parcels for tax year 2009. Promptly after entry of this Order, Petitioner shall withdraw or dismiss with prejudice its pending appeal to the Charleston County Board of Assessment Appeals of the Assessor’s valuation of these three parcels for tax year 2009. Petitioner and Respondent agree that the values for tax year 2009 shall also apply to tax year 2010. Petitioner waives any appeal rights for remaining tax year 2010.
After entry of this Order, Respondent shall certify these values to the Charleston County Auditor as the final values for tax years 2008 and 2009. And promptly thereafter, due to the overpayment of ad valorem taxes on the three parcels by Petitioner, the Charleston County Treasurer shall refund Petitioner for the two tax years 2008 and 2009 in a timely manner. Charleston County shall not be required to pay interest on the amount of the refunds for tax years 2008 and 2009.
It is further ordered, on such motion and with consent of counsel, that all claims herein be, and the same hereby are, dismissed with prejudice, and that each party shall bear its respective attorneys’ fees and costs.
AND IT IS SO ORDERED.
____________________________________
June 2 , 2010 John D. McLeod, Judge
Columbia, South Carolina S.C. Administrative Law Court
WE SO MOVE: I CONSENT:
__________ ____________
G. Trenholm Walker Bernard E. Ferrara, Jr.
PRATT-THOMAS WALKER, P.A. Charleston County Attorney’s Office
Post Office Drawer 22247 4045 Bridge View Drive
Charleston, SC 29413-2247 North Charleston, SC 29405
Phone: 843 727-2208 Phone: 843 958-4010
ATTORNEYS FOR THE PETITIONER ATTORNEY FOR RESPONDENT |
