Post Tagged with: "Fourth Circuit Court of Appeals"

Judge Orders Discovery in Skydive Myrtle Beach Owner Lawsuit

November 19, 2017 4:19 AM
Judge Orders Discovery in Skydive Myrtle Beach Owner Lawsuit

A federal magistrate judge has ordered discovery to go forward in a lawsuit brought by Aaron Holly against Horry County, Horry County Department of Airports (HCDA), the Federal Aviation Administration (FAA) and Robinson Aviation, the operator of the control tower at Grand Strand Airport.

Holly claims conspiracy among the defendants to deprive him of his Constitutional rights with respect to 14th Amendment protections and for interference with his business, Skydive Myrtle Beach (SDMB), and contractual ties between SDMB and HCDA in order to illegally shutdown SDMB.

A short historical perspective on the relationship between Horry County Department of Airports and Skydive Myrtle Beach follows:

Skydive Myrtle Beach is a tandem skydiving business owned and operated by armed services veterans.

It began operating its business in Horry County in 2012 after signing an eight year lease with Ramp 66, the county’s general aviation operator of Grand Strand Airport at that time.

After Horry County government bought out Ramp 66 in 2013, it appears that concentrated efforts were made by HCDA to close down the operations of Skydive Myrtle Beach.

Tandem skydiving is a recognized and approved use of publicly supported airport facilities by the Federal Aviation Administration.

It is illegal for an airport that accepts publicly funded grants to discriminate against one type of approved aviation activity, say helicopter operations, over another – tandem skydiving.

The only excuse allowed by the FAA for shutting down approved aviation operations is that those operations contribute to an unsafe environment at the airport.

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In the Center of the Transgender Storm – Update

May 2, 2016 4:29 AM
In the Center of the Transgender Storm – Update

The Horry County School Board is trying to work its way out of the center of a transgender storm regarding bathroom usage in schools.

After the Fourth Circuit Court of Appeals recorded a 2-1 decision in the case of G.G. v. Gloucester (VA) County recently, a student who had been suspended for one day for using a school bathroom not of the student’s “birth-assigned sex” threatened to sue Horry County Schools.

The student is represented by the Transgender Law Center of California, which sent a letter to the school district threatening the law suit.

Just in the last several days, Horry County School Board members and Superintendent Rick Maxey received an email with two attachments from an attorney of the Alliance Defending Freedom, a Scottsdale, Arizona headquartered organization with a branch in Georgia.

The subject of the email is: “Schools Are Not Legally Required to Allow Students to Use Opposite-Sex Restrooms, Showers, and Changing Rooms.”

One of the email attachments “explains the recent decision in the case of G.G. v. Gloucester County School Board and dispels the myth that, following the decision, schools are required to allow students to use the restrooms of the opposite sex,” according to the email.

My first thought was why do a law center based in California and a non-profit organization headquartered in Arizona want to get involved in Horry County?

My second thought, an answer to the first, was so that these two organizations can bring their causes into the national spotlight, using Horry County to test the Fourth Circuit ruling. You know, the old 15 minutes of fame or, in this case, maybe 15 years of fame for these organizations.

Do we want our school board to get in the middle of a national legal fight over transgender rights, equal protection, Title IX, discrimination and the like or do we want them concentrating on educating our children?

Remember, any public money spent on fighting lawsuits is money taken away from our children’s education. And we certainly don’t want to have to raise taxes just to be the center of national media attention.

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Court Upholds Horry County Flow Control

December 5, 2013 10:00 AM
Court Upholds Horry County Flow Control

In the final act of the lawsuit brought by former Sandlands Landfill owner William Clyburn against Horry County, the fourth circuit court of appeals upheld the right of Horry County to establish a solid waste flow control ordinance.

This decision came down as county council is preparing to amend that very ordinance to remove construction and demolition debris from its regulation.

What is ironic is that the court upheld the county’s right to pass a flow control ordinance and now the Horry County Solid Waste Authority, the prime beneficiary of that law, is challenging the county’s right to amend the law.

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