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