South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Orangeburg County Assessor vs. Marjorie Pough, et al

AGENCY:
Orangeburg County Assessor

PARTIES:
Petitioner:
Orangeburg County Assessor

Respondents:
Marjorie Pough, et al
 
DOCKET NUMBER:
04-ALJ-17-0205-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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