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JOHNSTON v. CITY OF MYRTLE BEACH

0467

285 S.C. 453 (1985)

330 S.E.2d 321

S. M. JOHNSTON and Charles E. Cook, Jr., Appellants, v. CITY OF MYRTLE BEACH, a body politic; Lakewood Pleasure Park, Inc; Philip E. Perry, C. Shannon Perry, Donald E. Perry and Barbara P. Jones, d/b/a/ Perry Issue Company; The South Carolina National Bank, as Trustee; Ponderosa, Inc.; Eric Ficken in his capacity as Mayor and Councilman of the City of Myrtle Beach; H.E. Pearce, in his capacity as Councilman of the City of Myrtle Beach, Respondents.

Court of Appeals of South Carolina.

Decided May 14, 1985.

Attorney(s) appearing for the Case

Clinch H. Belser, Jr., of Belser, Baker, Barwick, Ravenel, Toal & Bender, Columbia, for appellants.

David R. Gravely, of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., Myrtle Beach, for respondents Perry, et al.

E. Windell McCrackin, of McCrackin & Barnett, Myrtle Beach, for respondents City of Myrtle Beach, et al.

Heard Feb. 27, 1985.

Decided May 14, 1985.

GARDNER, Judge.

Johnston and Cook brought this action against the City of Myrtle Beach (the City) to enjoin the leasing to three of the named Respondents by the city of certain property which the City owns. The trial court sustained a demurrer to the complaint on the grounds that Johnston and Cook lacked standing to maintain the action. We affirm.

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