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DENENE, INC. v. CITY OF CHARLESTON

No. 25563.

352 S.C. 208 (2002)

574 S.E.2d 196

DENENE, INC., d/b/a Trio Club, L.C. Entertainments, LLC., d/b/a Club Tango, and Let's Eat, Inc., d/b/a Port Side Cafe Uptown, Respondents, v. THE CITY OF CHARLESTON, Appellant.

Supreme Court of South Carolina.

Decided December 2, 2002.

Rehearing Denied January 8, 2003.

Attorney(s) appearing for the Case

William B. Regan and Frances I. Cantwell, of Regan and Cantwell, LLC, of Charleston, for appellant.

John F. Martin, of Martin Law Firm, of Charleston, for respondents.

Justice BURNETT:

Respondents Denene, Inc., d/b/a Trio Club, L.C. Entertainments, LLC., d/b/a Club Tango, and Let's Eat, Inc., d/b/a Port Side Cafe Uptown (Businesses) brought this action challenging Appellant The City of Charleston's (the City's) Municipal Code Section 3-2 (the Ordinance). Among other claims, Businesses asserted state law, particularly South Carolina Code Ann. § 61-2-80 (Supp.2001), preempted the Ordinance. The trial judge granted Businesses...

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