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STATE EX REL. ONSLOW COUNTY v. MERCER

No. COA97-277.

496 S.E.2d 585 (1998)

STATE of North Carolina, On Relation of ONSLOW COUNTY, Plaintiff-Appellee, v. Donald E. MERCER, Sr., Donald E. Mercer, Sr. d/b/a Don's Enterprises, and Cynthia R. Maynor, Defendants-Appellants.

Court of Appeals of North Carolina.

January 20, 1998.

Attorney(s) appearing for the Case

Shipman & Associates, L.L.P. by Gary K. Shipman, Carl W. Thurman, III, and C. Wes Hodges, II, Wilmington, attorneys for plaintiff-appellee.

Lanier & Fountain by Keith E. Fountain, Jacksonville, attorney for defendant-appellant.

WYNN, Judge.

Under North Carolina law, to prevail in a plea in abatement, a defendant must show that the parties, subject matter, issues and relief sought are the same in both the present and prior actions. Clark v. Craven Regional Medical Authority, 326 N.C. 15, 21, 387 S.E.2d 168, 172 (1990). In the present actions, the State seeks to hold defendants liable for violating the public nuisances...

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