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DENENE, INC. v. CITY OF CHARLESTON

No. 25829.

359 S.C. 85 (2004)

596 S.E.2d 917

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, Appellants, v. CITY OF CHARLESTON, Respondent.

Supreme Court of South Carolina.

Decided May 24, 2004.

Attorney(s) appearing for the Case

John F. Martin, of Charleston, for Appellants.

William B. Regan and Francis I. Cantwell, both of Regan & Cantwell, of Charleston, for Respondent.

Justice WALLER:

Appellants filed a declaratory judgment action seeking to invalidate an ordinance requiring that all commercial establishments within the city of Charleston, which serve alcohol for on-site consumption, close at 2 a.m. Both appellants and the City of Charleston (City) moved for summary judgment. The trial court denied appellants' motion for summary judgment and granted City's motion. We affirm.

FACTS

On July 18, 2000, City enacted...

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