ELECTRONICALLY FILED - 2020 Jan 03 9:03 AM - HORRY - COMMON PLEAS - CASE#2020CP2600014

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

) FOR THE FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY )

Landlubber, LLC d/b/a Aquarius Motel; )

MB MO, LLC d/b/a Atlantic Motel North )
and Atlantic Motel South; Kyle Clark )
d/b/a/ Sand Dollar Motel, San Marcus )
Villas, and Ocean West Motel; Liberty )
& New Life, LLC d/b/a White Sands )
Motel; Ocean Waves of Myrtle Beach, )
Inc. d/b/a Ocean Waves Motel; )
Boulevard Hotel of Myrtle Beach, Inc. )
d/b/a The Boulevard Motel; Virginian ) SUMMONS
Properties, LLC d/b/a The Virginian ) (Declaratory Judgment)
Motel; Alkassar Real Estate, LLC d/b/a )
Summer Winds Motel and 7 Brothers )
Motel; Blake Apartments, LLC d/b/a The )
Blake Motel; Fountainbleau, LLC d/b/a )
The Fountainbleau Inn; Academy Way, )
LLC d/b/a Oasis Motel and Sea Nymph )
Motel; IIG, LLC d/b/a Sea Palms Motel; )
and Americana, LLC d/b/a Americana )
Motel, )
)
Plaintiffs, )
)
vs. )
)
Horry County and City of Myrtle Beach, )
)
Defendants. )
________________________________ )

TO: DEFENDANTS ABOVE NAMED:

YOU ARE HEREBY SUMMONED AND REQUIRED to answer the Complaint in

this action. A copy of the Complaint is attached to this Summons and is herewith served
upon you. Your answer must be in writing and signed by you or by your attorney and
must state your address or the address of your attorney if signed by your attorney. Your
answer must be served upon the undersigned attorneys for the Plaintiff within thirty (30)
days after the service hereof, exclusive of the day of service, at 12019 Ocean Highway,
Post Office Box 1885, Pawleys Island, South Carolina 29585.

YOU ARE HEREBY GIVEN NOTICE FURTHER that, if you fail to appear and defend and

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fail to answer the Complaint as required by this Summons within thirty (30) days after the
service hereof, judgment by default will be rendered against you for the relief demanded
in the Complaint.

HOPKINS LAW FIRM, LLC

s/ William E. Hopkins, Jr.

William E. Hopkins, Jr. (SC Bar #66474)
bill@hopkinsfirm.com
J. Clay Hopkins (SC Bar #102053)
clay@hopkinsfirm.com
12019 Ocean Highway
Post Office Box 1885
Pawleys Island, South Carolina 29585
(843) 314-4202 – Telephone
(843) 314-9365 – Facsimile

ATTORNEYS FOR THE PLAINTIFFS

Pawleys Island, South Carolina

January 30, 2020

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 ELECTRONICALLY FILED - 2020 Jan 03 9:03 AM - HORRY - COMMON PLEAS - CASE#2020CP2600014
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) FOR THE FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY )

Landlubber, LLC d/b/a Aquarius Motel; )

MB MO, LLC d/b/a Atlantic Motel North )
and Atlantic Motel South; Kyle Clark )
d/b/a/ Sand Dollar Motel, San Marcus )
Villas, and Ocean West Motel; Liberty )
& New Life, LLC d/b/a White Sands )
Motel; Ocean Waves of Myrtle Beach, )
Inc. d/b/a Ocean Waves Motel; )
Boulevard Hotel of Myrtle Beach, Inc. )
d/b/a The Boulevard Motel; Virginian ) COMPLAINT
Properties, LLC d/b/a The Virginian ) (Declaratory Judgment)
Motel; Alkassar Real Estate, LLC d/b/a )
Summer Winds Motel and 7 Brothers )
Motel; Blake Apartments, LLC d/b/a The )
Blake Motel; Fountainbleau, LLC d/b/a )
The Fountainbleau Inn; Academy Way, )
LLC d/b/a Oasis Motel and Sea Nymph )
Motel; IIG, LLC d/b/a Sea Palms Motel; )
and Americana, LLC d/b/a Americana )
Motel, )
)
Plaintiffs, )
)
vs. )
)
Horry County and City of Myrtle Beach, )
)
Defendants. )
________________________________ )

Plaintiffs bring this declaratory judgment action against Defendants and

respectfully allege and show this Court as follows:

PARTIES AND VENUE

1. Plaintiff, Landlubber, LLC, is a South Carolina limited liability company with

its principal place of business, or its “nerve center” located in Myrtle Beach, Horry County,

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South Carolina and is the owner and operator of the Aquarius Motel, a short term, weekly

rental motel located in Myrtle Beach, South Carolina.

2. Plaintiff, MB MO, LLC, is a South Carolina limited liability company with its

principal place of business, or its “nerve center” located in Myrtle Beach, Horry County,

South Carolina and is the owner and operator of the Atlantic Motel North and the Atlantic

Motel South, both of which are short term, weekly rental motels located in Myrtle Beach,

South Carolina.

3. Plaintiff, Kyle Clark, is a citizen and resident of Horry County, South

Carolina and is the owner and operator of the Sand Dollar Motel, San Marcus Villas and

the Ocean West Motel, each of which are short term, weekly rental motels located in

Myrtle Beach, South Carolina.

4. Plaintiff, Liberty & New Life, LLC, is a South Carolina limited liability

company with its principal place of business, or its “nerve center” located in Myrtle Beach,

Horry County, South Carolina and is the owner and operator of the White Sands Motel, a

short term, weekly rental motel located in Myrtle Beach, South Carolina.

5. Plaintiff, Ocean Waves of Myrtle Beach, Inc., is a corporation organized and

existing pursuant to the laws of the State of South Carolina with its principal place of

business, or its “nerve center” located in Myrtle Beach, Horry County, South Carolina and

is the owner and operator of the Ocean Waves Motel, a short term, weekly rental motel

located in Myrtle Beach, South Carolina.

6. Plaintiff, Boulevard Hotel of Myrtle Beach, Inc., is a corporation organized

and existing pursuant to the laws of the State of South Carolina with its principal place of

business, or its “nerve center” located in Myrtle Beach, Horry County, South Carolina and

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is the owner and operator of The Boulevard Motel, a short term, weekly rental motel

located in Myrtle Beach, South Carolina.

7. Plaintiff, Virginian Properties, LLC, is a South Carolina limited liability

company with its principal place of business, or its “nerve center” located in Myrtle Beach,

Horry County, South Carolina and is the owner and operator of The Virginian Motel which

is a short term, weekly rental motel located in Myrtle Beach, South Carolina.

8. Plaintiff, Alkassar Real Estate, LLC, is a South Carolina limited liability

company with its principal place of business, or its “nerve center” located in Myrtle Beach,

Horry County, South Carolina and is the owner and operator of Summer Winds Motel and

7 Brothers Motel, each of which are short term, weekly rental motels located in Myrtle

Beach, South Carolina.

9. Plaintiff, Blake Apartments, LLC, is a South Carolina limited liability

company with its principal place of business, or its “nerve center” located in Myrtle Beach,

Horry County, South Carolina and is the owner and operator of the Blake Motel which is

a short term weekly rental motel located in Myrtle Beach, South Carolina.

10. Plaintiff, Fountainbleau, LLC, is a South Carolina limited liability company

with its principal place of business, or its “nerve center” located in Myrtle Beach, Horry

County, South Carolina and is the owner and operator of the Fountainbleau Inn which is

a short term weekly rental motel located in Myrtle Beach, South Carolina.

11. Plaintiff, Academy Way, LLC, is a South Carolina limited liability company

with its principal place of business, or its “nerve center” located in Myrtle Beach, Horry

County, South Carolina and is the owner and operator of the Oasis Motel and Sea Nymph

Motel, each of which are short term weekly rental motels located in Myrtle Beach, South

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Carolina.

12. Plaintiff, IIG, LLC, is a South Carolina limited liability company with its

principal place of business, or its “nerve center” located in Myrtle Beach, Horry County,

South Carolina and is the owner and operator of the Sea Palms Motel which is a short

term weekly rental motel located in Myrtle Beach, South Carolina.

13. Plaintiff, Americana, LLC, is a South Carolina limited liability company with

its principal place of business, or its “nerve center” located in Myrtle Beach, Horry County,

South Carolina and is the owner and operator of the Americana Motel which is a short

term weekly rental motel located in Myrtle Beach, South Carolina.

14. Upon information and belief, Defendant Horry County is a body politic

organized and existing under the laws of the State of South Carolina and is authorized by

statute to sue and be sued in its own name, and pursuant to state law operates and

maintains its own law enforcement agency, the Horry County Sheriff’s Department, under

the supervision and direction of the duly elected Horry County Sheriff. Defendant Horry

County also, pursuant to state law, operates and maintains a Magistrate’s Court, under

the supervision and direction of a duly appointed Chief Magistrate.

15. Upon information and belief, Defendant City of Myrtle Beach is a body

politic organized and existing under the laws of the State of South Carolina and is

authorized by statute to sue and be sued in its own name, and pursuant to state law

operates and maintains its own law enforcement agency, the Myrtle Beach Police

Department, under the supervision and direction of the duly appointed Police Chief.

Defendant City of Myrtle Beach also, pursuant to state law, operates and maintains a

Municipal Court, under the supervision and direction of a duly appointed Chief Municipal

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Judge.

16. Venue is proper in Horry County as this is where the events complained of

herein occurred.

JURISDICTION

17. This matter is brought pursuant to Rule 57 of the South Carolina Rules of

Civil Procedure and pursuant to the Uniform Declaratory Judgments Act, South Carolina

Code Ann. §§ 15-53-10 through 15-53-140.

STATEMENT OF THE CLAIM

18. Each of the Plaintiffs are short term, weekly rental motels in Myrtle Beach.

19. Any time the Plaintiffs have renters who fail to pay or otherwise violate the

rules and conditions of their stay, Plaintiffs call law enforcement to seek assistance with

the ejectment of the renters, as authorized by law, and the responding law enforcement

agency may be the Myrtle Beach Police Department or the Horry County Sheriff’s

Department.

20. For the past several months, despite the clear and unambiguous statutes

and laws, officers of both agencies have refused to remove the violators and non-

compliant renters and have informed Plaintiffs they must file “eviction” actions with the

Horry County Magistrate’s Court or Myrtle Beach Municipal Court.

21. Despite the clear and unambiguous statutes and laws, Plaintiffs have filed

the actions in local courts, under protest and objection because they are all innkeepers

as defined by South Carolina statute, only to be told by at least one judge of the

Defendants, that they are in fact “landlords” and subject to the South Carolina Residential

Landlord Tenant Act. This legal conclusion is simply wrong, false and flies in the face of

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the clear language of South Carolina statutes.

22. Specifically, § 27-40-120 of the South Carolina Residential Landlord Tenant

Act specifically states that:

“The following arrangements are not governed by this chapter:

. . .

(4) transient occupancy in a hotel, motel, or other accommodations

subject to the sale tax on accommodations as provided by Section 12-36-
920;

. . .”

23. It is undisputed each of Plaintiffs are required to, and do, pay accommodations

taxes as required by §12-36-920. Incredibly, Defendants require Plaintiffs to pay

accommodations taxes, thereby recognizing them as hotels or motels, while at the same

time labeling them “landlords” when such classification suits them in Court, which is totally

inconsistent, illogical and irreconcilable.

24. Moreover, South Carolina Code Ann. § 45-2-20 specifically defines

“Innkeeper” as an “owner, operator, manager, or keeper of a lodging establishment.”

There should be no dispute each of Plaintiffs meets this definition.

25. South Carolina Code Ann. § 45-2-60 provides all the legal grounds upon

which any Innkeeper, including Plaintiffs, may eject a person including, but not limited to,

non-payment, intoxication, use or possession of controlled substances, possession of

firearms, violation of laws, or violation of rules which have been posted in a conspicuous

place. These are the reasons for which Plaintiffs have sought to eject persons from their

inns and for which they sought assistance of Defendants’ law enforcement agencies.

26. The refusal of the Defendants’ law enforcement agencies to eject these

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people from Plaintiffs’ premises, and the Defendants’ local judicial officers’ legal rulings

and determinations that Plaintiffs are “landlords” subject to the Residential Landlord

Tenant Act have cost Plaintiffs substantial sums of money in free accommodations due

to the time taken to “evict” them when no such eviction is legally required, as well as filing

fees for eviction proceedings, time and expense of employees to handle these matters

and other direct and indirect costs and expenses and damages.

27. The refusal of the Defendants’ law enforcement agencies to eject these

people from Plaintiffs’ premises, and the Defendants’ local judicial officers’ legal rulings

and determinations that Plaintiffs are “landlords” subject to the Residential Landlord

Tenant Act is factually and legally unfounded, wrong, in blatant violation of Plaintiffs’

statutory and Constitutional rights.

FIRST CAUSE OF ACTION

(Declaratory Judgment – Determination of Rights and Status and Legal Relations)

28. Plaintiffs incorporate by reference, as if fully set forth, each and every

allegation in the preceding paragraphs.

29. Pursuant to South Carolina Code Ann. § 15-53-20, Plaintiffs hereby seek a

judicial declaration and confirmation of their status as “Innkeepers” as defined by statute,

and a judicial declaration and confirmation they are not “landlords” and, in fact, are

specifically excluded by statute from the terms of the South Carolina Residential Landlord

Tenant Act, and as such their legal relationship with their guests is one of innkeeper/guest

and not landlord/tenant.

30. Plaintiffs are entitled to a declaratory judgment declaring their status as

“Innkeepers” as defined by statute, and declaring they are not “landlords” and, in fact, are

specifically excluded by statute from the terms of the South Carolina Residential Landlord

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Tenant Act and declaring their legal relationship with their guests as innkeeper/guest and

not landlord/tenant.

31. Plaintiffs are also entitled to costs and attorney’s fees.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray that this Court enter a declaratory judgment against

Defendants, in favor of Plaintiffs, declaring their status as “Innkeepers” as defined by

statute, and declaring they are not “Landlords” and declaring they are specifically

excluded by statute from the terms of the South Carolina Residential Landlord Tenant

Act, and declaring their legal relationship with their guests as innkeeper/guest and not

landlord/tenant, costs, attorney’s fees, and any other relief the Court may deem just and

proper.

HOPKINS LAW FIRM, LLC

s/ William E. Hopkins, Jr.______________

William E. Hopkins, Jr. (SC Bar #66474)
bill@hopkinsfirm.com
J. Clay Hopkins (SC Bar #102053)
clay@hopkinsfirm.com
12019 Ocean Highway
Post Office Box 1885
Pawleys Island, South Carolina 29585
(843) 314-4202 – Telephone
(843) 314-9365 – Facsimile

ATTORNEYS FOR THE PLAINTIFFS

Pawleys Island, South Carolina

January 3, 2020

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