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SGM-MOONGLO, INC. v. S.C. DEPT. OF REVENUE

No. 4390.

378 S.C. 293 (2008)

662 S.E.2d 487

SGM-MOONGLO, INC., Respondent, v. SOUTH CAROLINA DEPARTMENT OF REVENUE, Respondent, and Marjorie H. Smith, Appellant.

Court of Appeals of South Carolina.

Decided May 15, 2008.

Rehearing Denied June 26, 2008.

Attorney(s) appearing for the Case

James Ross Snell, Jr., of Lexington, for Appellant.

Robert L. Jackson, of Columbia, for Respondent SGM-Moonglo, Inc.

Thomas A. McDermott, Ray N. Stevens, Harry T. Cooper, Jr., and Nicholas P. Sipe, of Columbia, for Respondent South Carolina Department of Revenue.

GOOLSBY, A.J.

This is an appeal from an order of the Administrative Law Court (ALC) granting SGM-Moonglo, Inc. (Moonglo) an off-premises beer and wine permit. We affirm.1

FACTS

In 1975, Marjorie Smith sold a tract of real property to Virginia Miller. Smith's deed to Miller contained a restrictive covenant prohibiting the sale of alcoholic beverages on the premises. Moonglo purchased the property in August 2006, and operates...

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