The North Myrtle Beach City Council will hold an emergency called executive session on Tuesday July 12, 2022, at 1:30 p.m. at City Hall for a legal briefing regarding Cherry Grove Beach Gear, LLC, et al vs. City of North Myrtle Beach, Case Number 4:22-cv-02198-RBH
The suit was electronically filed today.
The owners of Cherry Grove Beach Gear are suing the City of North Myrtle Beach for creating a city owned monopoly. The City of North Myrtle Beach recently passed first reading of an ordinance that would all but outlaw the competing firm. The City of North Myrtle Beach continues to ticket and fine the company daily for operating.
The lawsuit claims the City of North Myrtle Beach cannot show and establish that it is engaging exclusively in the gear of beach chairs and umbrellas, and sale of concessions, pursuant to a clearly expressed state policy, as the South Carolina legislature has never clearly articulated and affirmatively expressed state policy to displace competition. See Town of Hallie vs. City of Eau Claire, 471 U.S. 34, 85 L.Ed.2d 24 (185).
The Sherman Act imposes criminal penalties of up to $100 million for a corporation and $1 million for an individual, along with up to 10 years in prison for non government operations. However, the fines and penalties are capped for municipalities when they engage in such illicit behavior.
Cherry Grove Beach Rentals is suing the city for an award of the costs of this suit including reasonable attorney’s fee.
NORTH MYRTLE BEACH POLICE TOLD CHERRY GROVE BEACH RENTALS
According to the suit: On one such occasion, a uniformed North Myrtle Beach Police Officer visited Plaintiff D. Calhoun on a beach location and expressly told him that Chris Noury, City Attorney for North Myrtle Beach, informed the officer that his number one priority was to get rid of Plaintiff Cherry Grove Beach Rentals.
On another such occasion, on or about July 06, 2022, a uniformed North Myrtle Beach Police Officer visited Plaintiff J. Calhoun. The officer informed Calhoun he was instructed to ticket them every day, but not to make any arrest.
Between Plaintiffs D. Calhoun and J. Calhoun, they have now been issued summons and criminal citations on not less than eight (8) occasions.
LEGAL FILINGS AGAINST NMB
Complaint CGBG vs. NMB by MyrtleBeachSC news