The town of Surfside Beach has filed a motion to dismiss itself from the suit in which local homeowners allege they were misled about flood regulations that affect their property.
The motion was filed Tuesday, according to records from the Horry County Public Index.
“Plaintiffs have not shown a legal duty owed to the Plaintiffs by the Town of Surfside Beach,” according to a copy of the motion obtained by The Sun News.
Doug Baxter, one of the attorneys for the town of Surfside Beach, said he could not comment on pending litigation.
The case revolves around the home of Julian and Shirley Lazar, who bought a house in Surfside in 2015. The Sun News previously reported that after the purchase, the couple was told the bottom enclosure of the home would have to be ripped out. The electrical systems, heating and cooling and drywall present on the lower level do not comply with flood regulations, according to the town.
An attorney for the Lazars could not be reached by phone.
Surfside Beach Councilwoman Julie Samples is also named in the suit. She was the Realtor representing the sellers of the home.
A public records search on Thursday morning did not indicate that Samples or her attorney has filed a response to the suit. Samples could not be reached by phone.