ORDERS:
CONSENT ORDER APPROVING SETTLEMENT
It appears the
parties to this action have reached a settlement of the above referenced case
and the many cases involving these parties pending in this Court or awaiting
final determinations from the Petitioner. In the above referenced case, the
Respondents have been cited by the Petitioner for a violation of S.C. Code Ann.
§ 12-21-3920 in which the Petitioner alleges that Ashy International, Inc.,
(Promoter) along with Transitions, Inc., d/b/a Pleasantburg Bingo 2 (Charity)
have conducted two sessions of bingo during a twelve hour period. Promoter and
Charity have raised various defenses to the aforementioned allegations and have
denied that any of their conduct constitutes a violation of the South Carolina
Bingo Tax Act.
Upon motion of and
with the consent of counsel for the Petitioner and Respondents, I find and
conclude the settlement between the parties is fair and reasonable and hereby
approve the settlement based upon the agreements between the parties and the
conditions set forth below:
1. All parties
acknowledge that the Charity was not involved in the alleged conduct
that
is the subject of this litigation.
2. For and
in consideration of the sum of $12,000.00 paid to the Petitioner pursuant
to
an Order signed by the Honorable Marvin F. Kittrell on October 31, 2005, and
filed in this Court on November 1, 2005, all pending actions against the
Promoter and Charity named herein which are currently pending before this
Court, violations awaiting a final determination by the Petitioner or
violations issued by the Petitioner but not served on Promoter or Charity will
be dismissed by the Petitioner. The parties acknowledge that this is a one
time fee for the settlement of disputed claims and serves as consideration for
the dismissal of all pending cases and investigations or pending violations
that occurred prior to the date of this Agreement.
I find
and conclude the foregoing settlement is fair and reasonable. Therefore, upon
motion of and with the consent of counsel for the parties, the above referenced
cases are hereby dismissed and the settlement terms set forth above are
incorporated into this Order and fully enforceable pursuant to Rule 43(k) of
the South Carolina Rules of Civil Procedure.
IT IS THEREFORE
ORDERED, ADJUDGED AND DECREED that the above referenced cases are hereby
dismissed subject to the terms of settlement set forth herein.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
Columbia, South Carolina
November 30, 2005. |
