City asks that lawsuit over CCMF be thrown out - WMBFNews.com, Myrtle Beach/Florence SC, Weather

City asks that lawsuit over CCMF be thrown out

Day three of the 2017 Carolina Country Music Festival. (Source: WMBF News) Day three of the 2017 Carolina Country Music Festival. (Source: WMBF News)

MYRTLE BEACH, SC (WMBF) – The city of Myrtle Beach and the organizers of the Carolina Country Music Festival have responded to a lawsuit filed by the owners of a downtown business who claim they lost tens of thousands of dollars in revenue due to illegal road closures during the event.

In a response filed this week, attorneys for the city asked that the lawsuit brought by Nathan’s Famous Hot Dogs be dismissed. The restaurant’s owners say they hold an easement on the south side of Eighth Avenue North between Ocean Boulevard and U.S. 17 Business, and that road is closed off during CCMF, which is held in the vicinity of the former Pavilion site.

The response cites city ordinance that allows Myrtle Beach leaders to “establish and enforce the temporary closing, blocking or diversion of pedestrian and vehicular traffic” during an extraordinary event.

CCMF, which is set to return for its fourth year starting June 7, was declared such an event.

“Defendant City of Myrtle Beach was at all times acting with a proper purpose, justified in their actions, exercising their legal rights, and engaged in a legitimate business purpose,” the response states.

Nathan’s owners said the music festival is held during the restaurant’s busiest time of year and they have lost $30,000 in profits over the last three years.

Additionally, the owners claim in the lawsuit that CCMF organizers owe them more than $25,000 in additional lost revenue from the 2016 festival.

In their response, CCMF’s organizers, through their attorney, said the “great proximity of the Plaintiff to this festival is a benefit and not a detraction under any circumstances.”

As to the allegation of lost revenue from the 2016 festival, event organizers stated that “any allegations of inadequate sales receipts have either been remedied or did not occur.”

“The breach of contract of good faith and fair dealing has been accompanied by inaccurate calculations, illegal claims, all with the intention of accumulating sums of money from Defendant CCMF when none are due and payable,” court documents state.

CCMF’s organizers have asked the court to dismiss all causes of action against them and that a judgment be entered in favor of their counterclaims.

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