Professional Documents
Culture Documents
Horry County (“County”) respectfully moves, pursuant to Rule 65, SCRCP, for a
preliminary injunction enjoining the City of Myrtle Beach (“City”) from collecting or
enforcing any tax or fee imposed in the City’s newly enacted Ordinances 2019-22 and
2019-23.
suffer irreparable harm if the injunction is not granted; (2) it will likely succeed on
the merits of the litigation; and (3) there is an inadequate remedy at law.” Scratch
Golf Co. v. Dunes W. Residential Golf Properties, Inc., 361 S.C. 117, 121, 603 S.E.2d
Here, the County can show all three. The County is likely to succeed on the
merits because it validly extended its Hospitality Fee (the center of this dispute).
Contrary to the City’s argument, the County did not need, either by terms of the
ordinance that adopted the Hospitality Fee or state law, the City’s consent for the
County to extend the period for which that fee would be collected.
ELECTRONICALLY FILED - 2019 May 14 12:26 PM - HORRY - COMMON PLEAS - CASE#2019CP2601732
The County will face an irreparable harm for which it has no adequate remedy
at law if the injunction is not granted. If the City is allowed to collect its new taxes,
than permitted under state law, pursuant to S.C. Code §§ 6-1-520(A) and 6-1-720(A).
This will create significant confusion, uncertainty with respect to whether the County
will be able maintain its budgeted expenses, and public distrust as well as more
This motion is based on the South Carolina Rules of Civil Procedure, the South
Carolina Constitution, the South Carolina Code, applicable case law, the attached
memorandum of law and exhibits, and any other materials that may be submitted to
the Court.
In accordance with Rule 11, SCRCP, the County’s counsel certify that
Respectfully submitted:
s/Henrietta U. Golding
Henrietta U. Golding, S.C. Bar # 2173
2411 N. Oak Street, Suite 206 (29577)
Myrtle Beach, SC 29577
Ph: (843) 444-1107
Fax: (843) 443-9137
Email: hgolding@burr.com
2
ELECTRONICALLY FILED - 2019 May 14 12:26 PM - HORRY - COMMON PLEAS - CASE#2019CP2601732
Adam R. Artigliere, S.C. Bar #75328
Poinsett Plaza
104 South Main Street
Suite 700
Greenville, SC 29601
Ph: (864) 271-4940
Fax: (864) 271-4015
Email: aartigliere@burr.com