ORDERS:
ORDER STRIKING MATTER FROM DOCKET
In the above-captioned matter, Petitioners have requested a contested case hearing to
challenge the Charleston County Assessor’s valuation of their three properties on Kiawah Island,
South Carolina. Specifically, Petitioners contend that, pursuant to an assessment cap adopted by
Charleston County, the increase in the assessed value of the properties for 2001 should be limited
to 15% of their assessed value prior to 2001 and that, even if the 15% cap does not apply, the
Assessor made various errors in determining the fair market values of the properties. On April 1,
2003, Petitioners filed a Motion to Strike this matter from this tribunal’s active docket. Pursuant to
this Motion, Petitioners agree not to contest the Assessor’s determination of the fair market value
of each of the assessed properties, thereby leaving the issue of the application of the 15% assessment
cap as the only issue remaining in this matter. However, this issue is currently the subject of
pending litigation which has been appealed to, or is likely to be appealed to, and is expected to be
resolved ultimately by, the South Carolina Supreme Court. Specifically, the issue has been raised
in Hoefer Family Limited Partnership et al. v. Charleston County et al., C/A No. 01-CP-10-4952,
which is currently on appeal, and Brackenbrook North Charleston, L.P. et al. v. Charleston County
et al., C/A No. 02-CP-10-2047, which will likely be appealed upon its resolution by the Court of
Common Pleas. Therefore, Petitioners move to strike this matter from the active docket pending a
final decision of the South Carolina Supreme Court on the relevant issue.
IT IS THEREFORE ORDERED that the above-captioned cases are hereby STRICKEN
from the active docket of the Administrative Law Judge Division.
IT IS FURTHER ORDERED that these cases may be restored to the active docket of the
Division upon motion of Petitioners, if such motion is made within forty-five (45) days of a final
decision by the South Carolina Supreme Court in either of the cases referenced above resolving the
assessment cap issue raised by this matter, or within forty-five (45) days of a final decision by
another court in those cases, if that decision is not appealed to a higher tribunal.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
April 15, 2003
Columbia, South Carolina |
