ELECTRONICALLY FILED - 2018 May 02 3:26 PM - HORRY - COMMON PLEAS - CASE#2018CP2602734

STATE OF SOUTH CAROLINA ) THE COURT OF COMMON PLEAS

COUNTY OF HORRY ) FIFTEENTH JUDICIAL CIRCUIT
) Civil Action Number: 2018-CP-26-
)
GSSL, LLC, dba The Whiskey Fish )
Tavern, )
PETITIONER, )
vs. )
)
) COMPLAINT AND
) MOTION FOR
) TEMPORARY INJUNCTION
HORRY COUNTY GOVERNMENT, )
A BODY POLITIC, )
)
RESPONDENTS )
____________________________________)

The Petitioner, above named, complaining of the Defendants herein, would allege the

following:

1. That the Plaintiff is a Limited Liability Company organized under the laws of

the State of South Carolina, that owns and operates a business known as “The

Whiskey Fish Tavern”, located within Horry County, South Carolina.

2. That, upon information and belief, the Respondent is a county government,

organized and existing under the law of the State of South Carolina

3. That in April of 2017 the Defendant did grant and issue a Special Events

Permit (the Permit) to the Petitioner for the Spring Motorcycle rally. The

Permit specifically allowed the Petitioner to allow outside vendors on and

around it’s property and outside, live, amplified entertainment during specific

hours of operation.
 ELECTRONICALLY FILED - 2018 May 02 3:26 PM - HORRY - COMMON PLEAS - CASE#2018CP2602734
4. In April of this year, 2018, the Petitioner again applied for a Special Events

Permit for the Spring Motorcycle rally, requesting a Permit allowing vendors

and outside, live, amplified entertainment.

5. On April 25, 2018 the Petitioner received an email from Mr. Randy Webster,

Director of Horry County Government Emergency Management, indicating a

denial of the Petitioner’s application for the permit, claiming that the issuance

of the Permit would conflict with a Zoning Board of Appeals order,

disallowing outside, live, amplified entertainment.

6. Petitioner has considerable amounts of time and money invested in the

upcoming Spring Motorcycle Rally, with a plan in place to operate exactly the

way that it did for the same event last year, in 2017. Vendors and entertainers

are contracted with and are expecting to begin operating on the Petitioners

property beginning May 14, 2018.

7. That the Zoning Board of Appeals Order is overbroad and overreaching, and

should not have been entered into. Further, it should not be applied to the

Petitioners application as it has relied wholly on the County’s issuance of the

2017 Permit, as precedent.

8. That the Zoning Board of Appeals acted outside of their intended scope, and in

doing so, have violated the Petitioners Constitutional right to enjoy its

property as it sees fit.

9. That the denial of the application for the Special Event Permit will cause great

financial harm to the Petitioner, with estimated amounts in the tens of

Thousands.
 ELECTRONICALLY FILED - 2018 May 02 3:26 PM - HORRY - COMMON PLEAS - CASE#2018CP2602734
10. That in order to insure that no irreparable harm occurs to the Petitioner, a

Restraining Order enjoining the denial of the application and the enforcement

of the Zoning Board of Appeals Order is necessary and appropriate.

11. That the Petitioner hereby respectfully requests a special, Emergency hearing

to address the request for Injunctive Relief.

WHEREFORE, Petitioner requests judgment as follows:

A. For actual damages against Horry County, and

B. For a Restraining Order, enjoining the County from denying the Petitioners

application and from enforcing the Zoning Board of Appeals Order

C. For such other and further relief as is deemed appropriate by the Court.

RUSSELL B. LONG, P.A.

s/Russell B. Long
Russell B. Long (sc bar# 65402)

5307 N. Kings Hwy

Myrtle Beach, SC 29577
(843) 449-1222
(843) 497-0562 (fax)
Russell@rblongpa.com
Attorney for Petitioner

May 2, 2018

 ELECTRONICALLY FILED - 2018 May 02 3:26 PM - HORRY - COMMON PLEAS - CASE#2018CP2602734
STATE OF SOUTH CAROLINA ) THE COURT OF COMMON PLEAS
COUNTY OF HORRY ) FIFTEENTH JUDICIAL CIRCUIT
) Civil Action Number: 2018-CP-26-
)
GSSL, LLC, dba The Whiskey Fish )
Tavern, )
PETITIONER, )
vs. )
)
) SUMMONS
)
)
HORRY COUNTY GOVERNMENT, )
A BODY POLITIC, )
)
RESPONDENTS )
____________________________________)
TO THE DEFENDANT NAMED ABOVE:

YOU ARE HEREBY SUMMONED and required to answer the Complaint in this

action which is hereby served upon you and to serve a copy of your Answer to the said

Complaint on the subscribers located at 5307 North Kings Highway, Myrtle Beach, SC

29577, within thirty (30) days after the service hereof; exclusive of the date of such service;

and if you fail to answer the Complaint within the time aforesaid, the Plaintiff in this action

will apply to the Court for the relief demanded in the Complaint and for judgment by default.

s/Russell B. Long
Bar #65402
RUSSELL B. LONG
S.C. Bar No. 65402
5307 North Kings Highway
Myrtle Beach, SC 29577
843-449-1222 FAX 843-497-0562
Attorney for the Plaintiff

ELECTRONICALLY FILED - 2018 May 02 3:26 PM - HORRY - COMMON PLEAS - CASE#2018CP2602734