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STATE EX REL. HOWES v. ORMOND OIL & GAS CO.

Nos. COA97-69, COA97-71.

493 S.E.2d 793 (1997)

STATE of North Carolina, ex rel., Jonathan B. HOWES, Secretary, North Carolina Department of Environment, Health and Natural Resources, Plaintiff-Appellee, v. ORMOND OIL & GAS COMPANY, INC., Defendant-Appellant. STATE of North Carolina, ex rel., Jonathan B. HOWES, Secretary, North Carolina Department of Environment, Health and Natural Resources, and the Environmental Management Commission, Plaintiffs-Appellees, v. William E. ORMOND, Sr., and Ormond Oil & Gas Company, Inc., Defendants-Appellants.

Court of Appeals of North Carolina.

December 16, 1997.

Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by Philip A. Telfer, Special Deputy Attorney General, for the State.

Spence & Spence, P.A. by Clint E. Massengill, Smithfield, for defendant-appellant.

WYNN, Judge.

"A consent judgment is valid only if all parties give their unqualified consent at the time the court sanctions the agreement and promulgates it as a judgment." Briar Metal Products, Inc. v. Smith, 64 N.C. App. 173, 176, 306 S.E.2d 553, 555 (1983) (citing Overton v. Overton, 259 N.C. 31, 129 S.E.2d 593 (1963)). In this case, the trial...

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