ORDERS:
ORDER
This matter is before me in this property tax assessment
case upon Petitioner's letter to the Court dated October 1, 1996,
considered as a Motion to Compel production of documents and
Motion for Continuance. In response, Respondent filed a Return
to Motion to Compel and Motion for Protective Order with the
Court on October 11, 1996. Petitioner seeks production of
certain documents from Respondent regarding various properties
and tax assessments in Horry County. Respondent refuses to
provide the requested records on the grounds that the records
sought are irrelevant and are available for public inspection
outside of the discovery process, and that the compilation of the
records sought would create an undue burden upon and expense to
Respondent. Discovery is available to parties appearing before
the Administrative Law Judge Division pursuant to ALJD Rule 21
and SCRCP 26.
In the contested case hearing scheduled for 11:00 a.m.,
October 30, 1996, Petitioner bears the burden of proving that the
subject properties are entitled to assessment under an
agricultural use designation. Petitioner requests production of:
(1) the tax assessment of all properties adjoining the subject
properties; (2) the tax assessment for all properties less than
five acres which receive agricultural assessment; and (3) a
listing of all property that is used for commercial timberland
regardless of size.
Except for Petitioner's request for a listing of all
properties adjoining the subject properties and their tax
assessments, the production of all other document requests by
Petitioner would be unduly burdensome and expensive. Petitioner
may inspect and copy any of the public records of Horry County;
however, Respondent should not be required to create new computer
programs and devote extensive staff time to accumulate
information which, in its present form, is as readily available
to Petitioner as it is to Respondent. Accordingly, Petitioner's
Motion to Compel is granted in part and denied in part.
Petitioner's Motion for Continuance is denied. Respondent's
Motion for a Protective Order is denied.
IT IS THEREFORE ORDERED that Respondent shall furnish to
Petitioner a listing of all properties and tax assessments of
parcels adjoining the subject parcels, Horry County TMS # 148-00-04-009 and 067-00-02-076, no later than October 25, 1996.
Petitioner may inspect and copy any of the other public records
of Horry County during normal business hours.
IT IS FURTHER ORDERED that the contested case hearing in
this matter is not continued and shall commence as scheduled at
11:00 a.m., October 30, 1996.
AND IT IS SO ORDERED.
_______________________________________STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
October 15, 1996
Columbia, South Carolina |
