Wednesday
120 Unit Motel sold in Myrtle Beach
A 120-room "Value Place" property in Myrtle Beach, South Carolina sold to Deesha Hotels for an undisclosed sum. The hotel is well-located directly off Highway 501, approximately seven miles from the Myrtle Beach International Airport and is proximate to many lifestyle amenities including high quality shopping, entertainment and restaurants including Myrtle Beach downtown, Freestyle Music Park, Broadway at the Beach and golf courses.
North Myrtle Beach channels in midst of legal battle
North Myrtle Beach officials will be heading back to court in November over ownership of the channels in Cherry Grove after a mistrial in September on the issue. City officials and East Cherry Grove Realty - which claims ownership of the channels in Cherry Grove - went to court in September after both parties were unable to reach a resolution regarding the property issue. Horry County Circuit Court Judge Larry Hyman denied the city's request earlier this year to dismiss East Cherry Grove Realty's claim. The city has been working to dredge the channels in Cherry Grove since 2004, but ongoing legal battles over marshland ownership have prevented the work. The city contends that the state owns the channels. The case was tried in court over four days in September. After two hours of deliberation, one juror said she felt she could not be a fair juror to the state and was dismissed by the judge, according to North Myrtle Beach City Attorney Chris Noury and Gene Connell, a Surfside Beach attorney representing East Cherry Grove Realty.
Noury said the city was willing to move forward with 11 jurors, but Connell said his client felt strongly that 12 people should decide the case. The case will be back before a judge on Nov.15, Noury and Connell said. "We want the court to see the channels are owned by East Cherry Grove Realty," said Connell, who said the group - heirs of C.D. Nixon, who built the canals - has owned the channels since the early 1960s. "You can't condemn our property and do anything to it without our consent," Connell said, regarding the dredging work. The city says the state owns those lands and a local government cannot condemn lands owned by the state. Last year, North Myrtle Beach received a state Department of Health and Environmental Control permit for the nearly $4.2 million dredging project, but it will not be issued a second required permit from the U.S. Army Corps of Engineers until East Cherry Grove Realty's claim of ownership of the channels is settled, city officials said. An assessment district also cannot be established until the property issues are resolved. Connell said the issue was settled in 1969 when the judge at the time ruled that East Cherry Grove Realty owned the marshland under a king's grant. "It's a question of documentation interpretation," Connell said about his client and city officials going to court over the issue. A recent survey shows sediment has increased in the channels from 4 inches to 15 inches in the past five years.
Over time, the canals could become impassable if nothing is done, city officials said. The City Council passed a resolution during its meeting Monday in support of the project. "The city will continue to pursue through all possible means on public behalf the dredging of the Cherry Grove channels so that the full use of the channels might be reinstated and perpetually preserved for the public use and enjoyment by the city's residents and visitors," a portion of the resolution stated. The dredging work planned in the project would affect about 600 property owners, officials have said. Some channels are excluded from the current dredging permit, and Noury said the city "feels those channels omitted should be included." "We're working with DHEC staff to determine which method will be best - applying for a new permit [for them] or amending the current permit [to include them]," Noury said.
Noury said the city was willing to move forward with 11 jurors, but Connell said his client felt strongly that 12 people should decide the case. The case will be back before a judge on Nov.15, Noury and Connell said. "We want the court to see the channels are owned by East Cherry Grove Realty," said Connell, who said the group - heirs of C.D. Nixon, who built the canals - has owned the channels since the early 1960s. "You can't condemn our property and do anything to it without our consent," Connell said, regarding the dredging work. The city says the state owns those lands and a local government cannot condemn lands owned by the state. Last year, North Myrtle Beach received a state Department of Health and Environmental Control permit for the nearly $4.2 million dredging project, but it will not be issued a second required permit from the U.S. Army Corps of Engineers until East Cherry Grove Realty's claim of ownership of the channels is settled, city officials said. An assessment district also cannot be established until the property issues are resolved. Connell said the issue was settled in 1969 when the judge at the time ruled that East Cherry Grove Realty owned the marshland under a king's grant. "It's a question of documentation interpretation," Connell said about his client and city officials going to court over the issue. A recent survey shows sediment has increased in the channels from 4 inches to 15 inches in the past five years.
Over time, the canals could become impassable if nothing is done, city officials said. The City Council passed a resolution during its meeting Monday in support of the project. "The city will continue to pursue through all possible means on public behalf the dredging of the Cherry Grove channels so that the full use of the channels might be reinstated and perpetually preserved for the public use and enjoyment by the city's residents and visitors," a portion of the resolution stated. The dredging work planned in the project would affect about 600 property owners, officials have said. Some channels are excluded from the current dredging permit, and Noury said the city "feels those channels omitted should be included." "We're working with DHEC staff to determine which method will be best - applying for a new permit [for them] or amending the current permit [to include them]," Noury said.
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