HORRY COUNTY v. RAY

No. 4501.

382 S.C. 76 (2009)

674 S.E.2d 519

HORRY COUNTY, a body politic, Appellant, v. Michael R. RAY, Park-Ray Landscape, Inc., Horry County State Bank, Coastal Federal Savings Bank, Coastal Management Associates, Inc., ARS, and United Video, Defendants, of whom Horry County State Bank is Respondent. Horry County State Bank, a South Carolina Corporation, Respondent, v. Park-Ray Landscape, Inc., Michael R. Ray, Individually and as Officer of Park Ray Landscape, Inc., Horry County, a body politic, Branch Banking & Trust, S.C. Department of Revenue, Coastal Federal Bank, Sunbelt Rentals, Inc., United Video, Coastal Management Associates, Inc., Jill Allen, Ernest Holt, Walter Nalepa, and Margaret Dvores, on behalf of themselves and others similarly situated and derivatively as homeowners in Oakmont at River Oaks Homeowner's Assn. Inc., Defendants, of whom Horry County, a body politic is Appellant.

Court of Appeals of South Carolina.

Decided February 10, 2009.


Attorney(s) appearing for the Case

John B. McCutcheon, Mary Ruth M. Baxter and Lisa A. Thomas, all of Conway, for Appellant.

Andrew C. English, III, and Mary Dameron Millken, both of Columbia and Carroll D. Padgett, Jr., of Loris, for Respondent.


KONDUROS, J.:

Horry County (the County) appeals the special referee's order finding the County failed to establish an equitable lien on certain property and giving priority to Horry County State Bank's mortgage. We affirm.

FACTS

Branch Banking and Trust Company (BB & T) initiated a foreclosure action against certain property in Horry County. The property was sold by the County at auction to Michael R. Ray as representative of Park-Ray Landscape...

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