City of Myrtle Beach v. Tourism Expenditure Review Committee

Respectfully, I dissent. While I agree with much of the majority’s analysis, particularly its conclusions that the ALC erred and that a municipality may not circumvent the Act, I disagree with its penultimate decision that the City circumvented the Act. Because I believe the majority employs the wrong standard in making that determination, I would reverse and remand for additional evidence and a new determination by the ALC under what I believe to be the correct standard.

First, I concur with the majority’s implied holding that the ALC erred in concluding the Act, specifically section…