South Carolina Municipal Insurance & Risk Fund v. City of Myrtle Beach

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 21-7(g) and the City’s implementation of that section. The ordinance stated the following:

Any outstanding charges associated with rental or leased…