Local News

Flow Control Ruled Unconstitutional

A recent decision in a Texas federal court room may have large ramifications for a government established monopoly flow control law in Horry County. A federal judge in Texas ruled earlier this week that a similar Dallas flow control ordinance violates the U.S. Constitution.

The court finds that, despite the city’s proffered justifications, the evidence demonstrates that it implemented the flow control ordinance to raise revenue to advance its economic and proprietary interests…,” the judge wrote in his opinion. “This is an unreasonable exercise of its police powers.”

The virtually identical flow control ordinance in Horry County is currently being challenged in Florence federal district court.

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No Quick Solutions for Carolina Southern Railroad

Last week’s first meeting of the new committee discussing the state of the Carolina Southern Railroad comprised not much more than organizational work.

Comprised of public officials and prominent business people, the committee draws representation from Horry, Marion and Brunswick (NC) counties.

Shutdown since August 2011, he railroad has spent approximately $400,000 repairing bridges along the line, but estimates at least another $1.5 million must be spent to complete the bridge repairs.

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Loftis’ Palmetto Payback Tour Coming Monday

The Palmetto Payback tour of South Carolina Treasurer Curtis Loftis is coming to Horry and Georgetown counties Monday.

The Palmetto Payback Program may be holding unclaimed property which belongs to you. Millions of dollars are transferred to the Program annually by companies who cannot locate the owners. Examples of the type of property covered by the Program include bank accounts, stock certificates, checks, insurance policies and utility deposits. The Palmetto Payback Program does not include tangible property like land or vehicles.

“The property transferred to the Program for safekeeping is held indefinitely for the benefit of the rightful owners,” Loftis said. “If we are holding property for you, you always have the right to claim your property any time at no cost. Until claimed, the funds are used for the good of all South Carolina citizens.”

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Coastal Kickback Scandal to Grand Jury

Numerous sources reported in the last 24 hours that presentation of the Coastal Kickback scandal case to a federal grand jury began Thursday.

Beth Drake, the Public Information Officer for the U.S. Attorney’s office in Columbia, S.C. said yesterday it is the policy of the government to comment on investigations only after an arrest warrant or indictment has been issued.

Drake went on to say, in public corruption cases the government normally will issue a press release and usually hold a press conference to make the information public if and when indictments are handed down.

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New Developments in Coastal Kickback?

A lot of buzz is going around the Grand Strand business community that new developments in the Coastal Kickback scandal will be made public shortly.

Coastal Kickback spread $239,500, in campaign donations of questionable legality, to state legislators and Myrtle Beach city council incumbents after passage of a local tourism tax that brings approximately $18 million to the coffers of the Myrtle Beach Area Chamber of Commerce annually. It has been the subject of an over two year investigation by the FBI and IRS.

The talk includes references to an imminent public statement by the U.S. Attorney’s office, possibly as early as today or the beginning of next week.

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Federal Tort Claims Lawsuit – Part IV

A federal tort claims lawsuit, with Horry County and former Horry County Police Department Chief Johnny Morgan included as defendants, is moving forward in Florence federal district court as discovery and depositions are scheduled later this month.

The suit stems from allegations of fraud on the court under color of law by HCPD officers, SLED agents and FBI agents, among others. The suit alleges personnel of these agencies conspired to withhold evidence, commit perjury and commit other unlawful acts in order to influence the outcome of a previous federal lawsuit, thereby violating the civil rights of the plaintiffs.

Part II of the series described actions by the Horry County police officers and Horry County Sheriff’s deputies that are alleged as illegal.

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RCPS Properties Requests Expanded Mine Permit

A request for an expanded mine permit from Horry County by RCPS Properties has caused controversy recently among some residents of the Carolina Forest neighborhood area.

If approved, the permit would expand the current footprint of the mine to a total of 301 acres. Most of the mining takes place behind the Sparks Toyota and Dunkin Donuts properties between West Perry Road and Myrtle Ridge Drive off U.S. 501.

The mining operation has been owned RCPS Properties since 1996 and operates on an expanse of land which has been mined since the 1950’s.

According to RCPS Properties general manager Justin Harris, approval of the permit will not result in an increase in volume of the mining operations.

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May Bike Rallies Issue Rises Again

The May bike rallies were a topic of discussion during the Horry County Public Safety Committee meeting Thursday when county Public Safety Director Paul Whitten disclosed the county lost approximately $190,000 policing the two rallies this year.

The amount of the loss drew raised eyebrows from several committee members who called for a full discussion before county council.

That the bike rallies cost the county money should be no surprise after the contentious debate over vendor permits earlier this year.

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Federal Tort Claims Lawsuit – Part III

A federal tort claims lawsuit, with Horry County and former Horry County Police Department Chief Johnny Morgan included as defendants, is moving forward in Florence federal district court as discovery and depositions are scheduled later this month.

Last week, we posted the first two parts of this series. Part III concentrates on the attempts by plaintiffs’ expert Steve Cain to analyze the original videotapes shot from HCPD patrol cars of the arrest of James Spencer on August 6, 2000.

Cain had already analyzed a copy of the videotape from the police vehicle operated by HCPD officer Jay Brantley during the arrest of Spencer. The videotape from the Brantley vehicle was a key piece of evidence that backed up claims by Spencer of violation of civil rights and police brutality.

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Federal Tort Claims Lawsuit Part II

A federal tort claims lawsuit, with Horry County and former Horry County Police Department Chief Johnny Morgan included as defendants, is moving forward in Florence federal district court as discovery and depositions are scheduled later this month.

The suit stems from allegations of fraud on the court under color of law by HCPD officers, SLED agents and FBI agents, among others. The suit alleges personnel of these agencies conspired to withhold evidence, commit perjury and commit other unlawful acts in order to influence the outcome of a previous federal lawsuit, thereby violating the civil rights of the plaintiffs.

This is Part II of a series on how and why the county and its police department are now involved in defending a claim against them in excess of $100 million.

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