Milford chronicle., 1927-02-25
KENT ASSESSMENT
BOARD REMOVED
BY LEVY COURT
(continued from first page)


hearing by John B. Hutton; Moore
by James M. Satterfield and Hughes
by James H. Hughes, all of Dover.
The Levy Court was represented
by it's attorney, Charles l.. Terry,
Jr.. who secured the evidence and
laid it before the court, including
not only witnesses who testified
that their properties had either been
raised or lowered, but also by the
assessment books, which showed the
changes.
Denied Intent to Violate Law
Members of the board, on appear
ing before the Levy Court during the
hearings, practically admitted that
changes had been made in the as
sessment books, but that they had
merely followed the custom of for
mer boards, and that in doing so had
not willfully or criminally been
guilty of any wrong doing.
Another point raised at the hear
ings by Attorney Terry was that
relative to any alterations or
changes in the assessment, notice in
writing should be sent to the own
er affected thereby at least five days
before such alteration or change
was made. On this particular point,
when asked by Attorney Terry if
anv member of the board could give
the name or names of any to whom
they had sent notices according to
the law, no specific case could be
cited in which a notice had been
sent. In one or two instances, it was
testified that according to their be-
lief, notices had been sent. The per-
sons whose properties were involved
and who testified, stated that they
had not received notice.
The hearing was completed two
weeks or more ago. At Fridays ad-
iourned session of the Levy Court
Attorneys Hutton and Hughes, for
their clients, endeavored to point
out to the court that no wilful ne
elect or wrong doing had been prac-
ticed by the members Of the Board
of Assessment in what they did,
they merely conforming with a prac-
tice set and followed by former
boards.
Attorney Terry, for the court, re-
iterated his statements made before
the court some weeks ago, that
whether Intentionally or not and
whether they followed a precedent
set by a former board, was not the
question at issue, the only thing be-
fore the present court being whe-
ther the three members of the foard
violated the statute in changing the
assessments or had not violated the
statute.
After the argument by counsel on
both sides, the following resolution
was unanimously adopted by the
Levy Court:
whereas, Upon complaint of ir-
regularities made, by taxpayers OF
Kent county, in the assessment OF
property by the Board of Assess
ment of Kent county, an invest1ga-
ton has been made by the Levy
Court of Kent county, and evidence
has been heard, and
Whereas, It appears that the SAID
Board of Assessment in the years
1925 and 1926 has not complied with
the law in making assessments ac-
cording to Chapter IA, Volume 81
Laws of Delaware, and
Whereas, We the said members
of the Kent County Levy Court, af-
ter having heard all the evidence IN
the case and after having given 1t
our full and adequate consideration,
do hereby pass the following reso-
lutlOns, and
Whereas, Due notice was given TO
the members of the Board Of Assess
ment that a hearing would be had
and that the said assessors did ap-
pear at said hearing on January e.
1927; now therefore be it
Resolved, That the Kent County
Levy Court have found that the said
Jefferson B. Cooper and the said
William M. Hughes and the said
Thomas Moore, guilty Of failure TO
perfOrm their duties as assessors IN
the office of the Board of Assess
ment for Kent county in the years
1925 and 1926, and also find that
thew. the above named assessors, are
guilty of acts of failure to perform
the duties of the Office of the Board
of Assessment of Kent county, ana
find that they, the said assessors,
shall be and are at once removed
from the Office of the Board Of AS
sessment for Kent county, State OF
ne1aWare"