South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Charleston County Assessor vs. Harold E. Swensen

AGENCY:
Charleston County Assessor

PARTIES:
Petitioner:
Charleston County Assessor

Respondent:
Harold E. Swensen

In Re: TMS #265-14-00-027
 
DOCKET NUMBER:
03-ALJ-17-0190-CC

APPEARANCES:
Bernard E. Ferrara, Jr., Esquire
Attorney for Petitioner

Harold E. Swensen, M.D.
Respondent
 

ORDERS:

CONSENT ORDER OF DISMISSAL

Whereas, this matter was instituted by Petitioner Charleston County Assessor appealing the decision of the Charleston County Board of Assessment Appeals which affirmed Respondent Harold E. Swensen’s method of calculating refund for tax year 2001 on parcel 265-14-00-027, located in Charleston County, South Carolina, and such appeal is now pending before the Honorable Marvin F. Kittrell, Chief Administrative Law Judge.

Whereas, the Charleston County Assessor and Harold E. Swensen have resolved the matter and agreed to the amount of the refund as calculated by Charleston County pursuant to Brackenbrook, LP v. County of Charleston, 360 S.C. 390, 602 S.E.2d 39 (2004) and Hoefer Family Partnership v. County of Charleston, 360 S.C. 403, 602 S.E.2d 47 (2004).

Whereas, the Charleston County Assessor moves this Court for an order of dismissal on the grounds that the case has settled and there remain no outstanding issues for this Court to address, and respectfully requests that the case be dismissed and removed from the docket, or in the alternative, withdraws the petition for a contested case hearing.

Wherefore, upon motion of the Charleston County Assessor and with the consent of Harold W. Swensen, the matter is hereby dismissed.

I so move:_______________________________

Bernard E. Ferrara, Jr., Esquire

Attorney for Petitioner

I consent:_______________________________

Harold E. Swensen, M.D.

Respondent

AND IT IS SO ORDERED.

__________________________________

Honorable Marvin F. Kittrell

Chief Administrative Law Judge

June 2, 2005

Columbia, South Carolina


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