Helsel v. City of North Myrtle Beach

Harwell, Justice:

The question presented is whether the trial judge erred in holding he was bound by findings contained in an order granting a temporary injunction. We hold he did err, and, accordingly, reverse and remand for trial.

I. FACTS

Respondents Charles F. Helsel, Judine B. Helsel, and Helsel Realty Company, Inc. (the Helsels) own beachfront property in North Myrtle Beach. Their property was protected by a vertical seawall erected on the beach approximately fifteen feet beyond their property line. After the seawall was destroyed in September 1989 by Hurricane Hugo, the Helsels received…