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2010-MO-015 - BOOST v. City of Myrtle Beach

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court


BOOST a/k/a Business Owners Organized to Save Tourism and Bart Viers, Petitioners,

v.

City of Myrtle Beach, Respondent.


ORIGINAL JURISDICTION


Memorandum Opinion No.  2010-MO-015
Heard February 3, 2010 - Filed June 8, 2010


JUDGMENT FOR PETITIONER VIERS


J. Todd  Kincannon, of Kincannon & Associates, of Columbia and Thaddaeus Viers, of Coastal Law, of Myrtle Beach, for Petitioners.

Michael W. Battle, of Battle, Vaught & Howe, of Conway, for Respondent.


JUSTICE PLEICONES:  We grant judgment for Petitioner Bart Viers[1] pursuant to Rule 220, SCACR and the opinion in George Jensen Aakjer v. City of Myrtle Beach, Op. No. 26825 (S.C. Sup. Ct. filed June 8, 2010 ).

JUDGMENT FOR PETITIONER.

TOAL, C.J., BEATTY, KITTREDGE and HEARN, JJ., concur.


[1] Petitioners did not contest Respondent's assertion that BOOST does not have standing in this action.