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Wednesday, Feb. 22, 2012

Hearing scheduled in Surfside Beach pier lawsuit

- akelley@thesunnews.com
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Next month, the future of the Surfside Beach Pier will become clearer.

On March 21, a judge will decide whether the breach of contract lawsuit is dismissed or goes to trial.

The lawsuit stems from April 2010, after town council voted to conditionally lease the restaurant space to John Sifonios. The contingencies were a clean background and credit check. Hours after the vote, the Sun News learned Sifonios had filed for bankruptcy and in March, council voted 4-3 to rescind the agreement.

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The lawsuit seeks a judgment validating the lease agreement, and a temporary injunction stopping the town from leasing the space to another agent.

Kenneth Moss, attorney for the town, said during a briefing at a council meeting that there was never a signed lease agreement and filed a motion on behalf of the Surfside Beach to dismiss the case.

Moss said at the March court date, a judge will make that decision. He said the judge will decide on each request – validating the lease and the injunction – as separate issues.

If the judge dismisses both, the suit will end. If one or neither is dismissed, the case will go to trial at a later date.

This hearing is scheduled for 9:30 a.m. and Judge Larry Hyman will make the decision.

The town voted unanimously to lease restaurant space to Bill Howard and Shawn Roth at a meeting in January. The Surf Restaurant has plans to open early this summer and bids for the renovations are currently being accepted.

Contact AMANDA KELLEY at 626-0381.
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