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BRACKENBROOK, LP v. COUNTY OF CHARLESTON

No. 25855.

360 S.C. 390 (2004)

602 S.E.2d 39

BRACKENBROOK NORTH CHARLESTON, LP, North Bluff North Charleston, LP, Riverwoods, LLC, Ashley Arbor, LLC, et al., Respondents/Appellants, v. The COUNTY OF CHARLESTON, Andrew Smith in his official capacity as Charleston County Treasurer, Peggy A. Moseley in her official capacity as Charleston County Auditor, and D. Michael Huggins in his official capacity as Charleston County Assessor, Appellants/Respondents.

Supreme Court of South Carolina.

Decided August 16, 2004.

Rehearing Denied September 27, 2004.

Attorney(s) appearing for the Case

Joseph Dawson, III, and Bernard Ferrara, Jr., both of Charleston County Attorney's Office, of North Charleston; M. Dawes Cooke, Jr., and P. Gunnar Nistad, both of Barnwell, Whaley, Patterson & Helms, L.L.C., of Charleston, for Appellants/Respondents.

G. Trenholm Walker, Andrew K. Epting, and Amanda R. Maybank, all of Pratt-Thomas, Epting & Walker, P.A., of Charleston, for Respondents/Appellants.

Justice PLEICONES:

Respondents/appellants (Taxpayers) filed this action against appellants/respondents (County)1 seeking a refund of a portion of their 2001 real property taxes. The parties appeal orders which, among other things, held that Taxpayers were not required to exhaust their administrative remedies prior to bringing this refund action directly in circuit court. We hold this ruling was error, and reverse and remand the matter...

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