ORDERS:
CONSENT ORDER OF DISMISSAL
Whereas, these matters were instituted by Petitioner, Charleston County Assessor, appealing the decisions of the Charleston County Board of Assessment Appeals which granted Respondents’ request for refunds in excess of real property taxes collected for tax year 2001 pursuant to the Charleston County 15 percent reassessment exemption ordinance on parcels located in Charleston County, South Carolina. Such appeals are now pending before the Honorable Marvin F. Kittrell, Chief Judge, Administrative Law Court.
Whereas, the Charleston County Assessor and Respondents have resolved the claims, Charleston County has agreed to pay the refunds with interest, and Respondents have agreed to the amounts 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 Charelston, 360 S.C. 403, 602 S.E.2d 47 (2004).
Whereas, Charleston County agrees to pay a refund to any Respondent qualifying for a refund if payment has not been made.
Whereas, the Charleston County Assessor moves this Court for an order of dismissal on the grounds that the claims have settled by payment and there is no need for a contested case hearing, and respectfully requests that the appeals be dismissed and removed from the docket.
Wherefore, upon motion of the Charleston County Assessor and with the consent of Respondents, the appeals of Petitioner are dismissed with prejudice.
I so move: __________________________________________
Bernard E. Ferrara, Jr., Esquire
Attorney for Petitioner
I consent: __________________________________________
G. Trenholm Walker, Esquire
Attorney for Respondents
AND IT IS SO ORDERED.
__________________________________
Honorable Marvin F. Kittrell
Chief Judge, Administrative Law Court
July 13, 2005
Columbia, South Carolina |
