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SC MUN. INS. & RISK FUND v. MYRTLE BEACH

No. 4088.

368 S.C. 240 (2006)

628 S.E.2d 276

The SOUTH CAROLINA MUNICIPAL INSURANCE AND RISK FUND, Appellant, v. The CITY OF MYRTLE BEACH and James E. Daniels, individually and as class representative, Respondents.

Court of Appeals of South Carolina.

Decided February 27, 2006.

Rehearing Denied April 20, 2006.

Attorney(s) appearing for the Case

J.R. Murphy, Adam J. Neil, and Tony Catone, all of Columbia, for Appellant.

Charles Bernhart Jordan, of Myrtle Beach; Gene McCain Connell, Jr., of Surfside Beach, for Respondents.

GOOLSBY, J.:

In this declaratory judgment action, the South Carolina Municipal Insurance and Risk Fund (SCMIRF) appeals a summary judgment order requiring it to indemnify the City of Myrtle Beach (the City) for refunds of monies collected pursuant to a city ordinance that had been declared unconstitutional. We reverse.

FACTS

In February 1996, James Daniels filed a class action lawsuit against the City, challenging Myrtle Beach City Code section 21...

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