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Board dismisses Eva Manor LLC objection for failure to appear
Summary
Eva Manor LLC did not appear at the Aug. 26 Board of Review despite service; the Board dismissed the objection under Rule 14 after village counsel cited the rule that failure to appear after 48 hours’ notice is grounds for dismissal.
The Board of Review dismissed an objection filed by Eva Manor LLC after its representative failed to appear at the Aug. 26 hearing. The clerk said the objection was filed on June 29, a subpoena was served on Aug. 3 and a notice to appear was issued on Aug. 24; no representative was present and no waiver had been received.
Village attorney Amy Seibel cited Rule 14, saying failure to appear "shall be grounds for dismissal of the objection." Based on that authority the Board moved to dismiss the objection; the motion was seconded and carried by voice vote. The assessor’s office indicated that a dismissal on these grounds is standard procedure when appellants do not appear and that a notice of decision can create additional appeal rights if issued, a point the board considered when finalizing the action.
Why it matters: dismissal for failure to appear removes the objection from the Board’s active docket and preserves the assessor’s determination unless further judicial action is taken by the property owner. The transcript contains one inconsistent spelling later in the meeting ('Ava Manor'); the board action refers to the objection recorded as "Eva Manor LLC" earlier in the record.
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