ORDERS:
CONSENT ORDER OF DISMISSAL
IT APPEARING to the Court that the within action for fines and penalties levied by the petitioner
against the respondents has been settled between the parties;
IT FURTHER APPEARING that the petitioner will dismiss its claim as to the respondents'
alleged inducements and will settle the remaining claim upon the terms stated herein;
IT FURTHER APPEARING that the parties wish to memoralize their settlement in the form of a
consent order of this Court;
IT IS HEREBY ORDERED that the following shall take place no later than August 25, 1995;
The parties shall exchange executed releases from liability supported by appropriate corporate or
department authorizations;
Respondents shall tender to petitioner and its representative a check in the amount of Two
Thousand Five Hundred Dollars ($2,500.00); and
Petitioner shall dismiss any and all claims arising to date against the Respondents;
IT IS FURTHER ORDERED THAT
The within settlement is not an admission of liability by either party;
The effect of this order shall survive the dismissal of the within action and either party shall have
the right to move to enforce this order at any time, if made appropriate by the circumstances
surrounding each party's satisfaction of the terms of the Order and the agreement it reflects.
AND IT IS SO ORDERED.
_____________________________________
Stephen P. Bates
Administrative Law Judge
August 14, 1995
Columbia, South Carolina
WE CONSENT:
South Carolina Department of
Revenue and Taxation, Petitioner
BY:_______________________________
Nicholas P. Sipe
Chief Counsel for Regulatory Litigation
__________________________________
Rolf M. Baghdady
Attorney for Respondents
WE CONSENT:
_____________________________________________
Eugene C. McCall, Jr., Esquire
Leatherwood Walker Todd & Mann, P.C.
William H. Davidson, II, Esquire
Ellis, Lawhorne, Davidson & Sims, P.A.
ATTORNEYS FOR RESPONDENT,
PULTE HOME CORPORATION
_____________________________________________
S. Jahue Moore, Esquire
Kirkland, Wilson, Moore, Allen & Taylor, P.A.
ATTORNEYS FOR PETITIONER,
BARNEY BREWER, INDIVIDUALLY AND
AS PRESIDENT OF ASHLEY OAKS
HOMEOWNERS ASSOCIATION
______________________________________________
Thomas G. Eppink, Esquire
South Carolina Department of Health
and Environmental Control |