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SEA CABIN v. CITY OF NORTH MYRTLE BEACH

Civ. A. No. 4:90-1411-2.

828 F.Supp. 1241 (1993)

SEA CABIN ON THE OCEAN IV HOMEOWNERS ASSOCIATION, Plaintiff, v. CITY OF NORTH MYRTLE BEACH, Mayor Phil Tilghman, Defendants.

United States District Court, D. South Carolina, Florence Division.

July 29, 1993.

Attorney(s) appearing for the Case

Richard H. Willis, Nelson, Mullins, Riley & Scarborough, Columbia, SC and Newman Jackson Smith, Nelson, Mullins, Riley & Scarborough, Charleston, SC, for plaintiff.

Louis Milton Cook, North Myrtle Beach, SC and Roy Dawson Bates, Columbia, SC, for defendants.

ORDER AND OPINION

MORGAN, District Judge.

PROCEDURAL BACKGROUND

Plaintiff Sea Cabin on the Ocean IV Homeowners Association ("Plaintiff") brought this action on June 28, 1990, seeking declaratory and injunctive relief from Defendants City of North Myrtle Beach ("City") and Mayor Phil Tilghman.1 The gravamen of Plaintiff's complaint was that the City refused to grant the necessary permit to rebuild a pier...

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