Connery Properties, Inc. v. Charleston County Assessor
Decision Date | 29 July 2015 |
Docket Number | 2015-UP-390 |
Court | Court of Appeals of South Carolina |
Parties | Connery Properties, Inc., Respondent, v. Charleston County Assessor, Appellant. Appellate Case No. 2014-000700 |
UNPUBLISHED OPINION
Submitted May 1, 2015
Appeal From The Administrative Law Court Ralph King Anderson, III Administrative Law Judge
County Attorney Joseph Dawson, III, Deputy County Attorney Bernard E. Ferrara, Jr., Assistant County Attorney Austin Adams Bruner, Assistant County Attorney Bradley Allen Mitchell, and Assistant County Attorney Johanna Serrano Gardner, all of the Charleston County Attorney's Office, of North Charleston for Appellant.
Kerry W. Koon, of Charleston, for Respondent.
Charleston County Assessor (the Assessor) appeals the Administrative Law Court's (ALC) determination that a property owned by Connery Properties has a fair market value of $20, 000. On appeal the Assessor contends (1) the ALC erred when it concluded title defects affect a property's fair market value, and (2) the ALC valuation of the property is arbitrary and capricious. We affirm pursuant to Rule 220(b), SCACR, and the following authorities:
1. As to whether the ALC erred when it concluded title defects affect a property's fair market value: CFRE, LLC v Greenville Cnty. Assessor, 395 S.C. 67, 73, 716 S.E.2d 877, 880 (2011) (); id at 74, 716 S.E.2d at 881 (); id. ("Questions of statutory interpretation are questions of law, which we are free to decide without any deference to the court below."); Cloyd v. Mabry, 295 S.C. 86, 88, 367 S.E.2d 171, 173 (Ct. App. 1988) (); id. () ; Evins v. Richland Cnty. Historic Pres. Comm'n, 341 S.C. 15, 21, 532 S.E.2d 876, 879 (2000) ("As a general rule, to have standing, one must generally have a personal stake in the subject matter of the lawsuit, i.e., one must be a real party in interest."); S.C. Code Ann. § 12-37-930 (2014) (); Lindsey v. S.C. Tax Comm'n, 302 S.C. 504, 507, 397 S.E.2d 95, 97 (1990) ("Fair market value is the measure of value for taxation purposes under this statute."); S.C. Code Ann. § 12-51-160 (2014) (); LaCount v. General Asbestos & Rubber Co., 184 S.C. 232, 240, 192 S.E.2d 262, 266 (1937) ; § 12-51-160 ( ); Fed. Fin. Co. v. Hartley, 380 S.C. 65, 68, 668 S.E.2d 410, 412 (2008) ("Once two years have passed after the sale, the sale is not a cloud on the property's title."); Reeping v. JEBBCO, LLC, 402 S.C. 195, 202, 740 S.E.2d 504, 507 (Ct. App. 2013) ( ); Gibbs v. G.K.H., Inc., 311 S.C. 103, 105, 427 S.E.2d 701, 702 (Ct. App. 1993) () .
2. As to whether the ALC erred in concluding the fair market value of the...
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