Legal Opinion

Skydive Myrtle Beach, Inc. v. Horry Cnty.

Court of Appeals of South Carolina

Decided July 11, 2018No. Appellate Case No. 2015-001868; Opinion No. 5573PublishedCited by 2 opinions

1Opinion of the Court

LOCKEMY, C.J.:

**300In this appeal from a magistrate's order ejecting Skydive from a hangar at Grand Strand Airport, Skydive asserts the circuit court erred by denying its appeal of the ejectment order because: (1) ejectment was a mandatory counterclaim that should have been pursued in the pending circuit court case; (2) Rule 12(b)(8), SCRCP, required the ejectment be brought with the pending circuit court case; (3) the magistrate improperly applied its rules of court; (4) and the Space Use Permit did not supersede the prior eight-year long lease. Skydive also asserts the circuit court erred…

2Cases cited3 opinions

  1. Berry v. ZAHLER ET UX.Supreme Court of South Carolina · 1951
  2. Sloan v. Greenville CountyCourt of Appeals of South Carolina · 2009
  3. McNair v. UNITED ENERGY DISTRIBUTORSCourt of Appeals of South Carolina · 2010

3Cited by2 opinions

  1. Skydive Myrtle Beach v. Horry CountySupreme Court of South Carolina · 2020
  2. Skydive Myrtle Beach v. Horry CountySupreme Court of South Carolina · 2019

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