ORDERS:
ORDER OF DISMISSAL
This matter is before the Administrative Law Court pursuant to Petitioner’s request for a
contested case hearing regarding the Orangeburg County Board of Assessment Appeals’ decision as
to the valuation of Respondent’s property, TMS 0096-00-02-011.
By Order dated July 12, 2004 both parties were required to file a Preliminary Tax Appeal
Statement with the Court within twenty (20) days of the date of that Order. As of the date of this
Order, neither party has filed a Preliminary Tax Appeal Statement nor any other documentation with
the Court.
Rule 23 of the Rules of Procedure for the Administrative Law Court provides:
The administrative law judge may dismiss a contested case or dispose of a contested
case adverse to the defaulting party. A default occurs when a party fails to plead or
otherwise prosecute or defend, fails to appear at a hearing without the proper consent
of the judge or fails to comply with any interlocutory order of the administrative law
judge. Any non-defaulting party may move for an order dismissing the case or
terminating it adversely to the defaulting party.
Because both parties failed to comply with the July 12, 2004 Order of the Court requiring the filing
of a Preliminary Tax Appeal Statement by each party,
IT IS HEREBY ORDERED that the decision of the Orangeburg County Board of
Assessment Appeals stands and that the above-captioned case is dismissed with prejudice.
AND IT IS SO ORDERED.
______________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
August 11, 2004
Columbia, South Carolina |