The handbook says without an inspection of both exterior and interior the appeal is deemed withdrawn.  I would leave off the further appeal information and send her a modified 4404(a) indicating WITHDRAWN.  If she wants to appeal beyond the BCA, she can contact PVR herself.  If she does I would have the town attorney write a letter to PVR indicating that according to the law the appeal stopped when it was Withdrawn. 

 

From: Vermont Municipal Government Discussion Network [mailto:[log in to unmask]] On Behalf Of Bennington Town Clerk’s Office
Sent: Monday, July 29, 2019 2:46 PM
To: [log in to unmask]
Subject: Tax appeal question

 

Good afternoon,

 

We have an appellant who is not responding to calls to schedule an interior inspection of her home.  The reason for appeal was an exterior issue.  She has been notified that if the BCA committee cannot inspect the interior as well, it is deemed withdrawn.  I feel I should still provide a notice of final decision, but if it is considered withdrawn, I am assuming she no longer has the option to appeal to PVR or court, should I leave that part off of the final decision notice? 

 

Cassandra Barbeau
Town Clerk
Bennington, VT
mailto:[log in to unmask]

find us on the web at http://www.townofbennington.org/TOB/departments/town-clerk/

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