Lawsuits fly as Club Levelz’ landlord says she’s owed back rent

The landlord of the former Club Levelz has filed a counterclaim against the defunct business, asking for rent and other costs.

The club was closed in early 2015 after the Horry County Solicitor’s office argued it was a public nuisance, using evidence compiled by Myrtle Beach Police.

The landlord, Melvina Divine Davis, also is asking the court for a judgment against the city and the county.

“[Davis] has also suffered damages and economic loss by Defendant Horry County and Defendant City of Myrtle Beach’s intentional and tortious interference with Defendant Davis’ contractual rights and denial of her constitutional equal protection rights,” said the counter suit, filed March 9.

Davis’ action responds to an original suit by the owners of Club Levelz, filed in February.

Robert J. Moran, an attorney for Davis, could not be reached by phone Monday, nor could attorneys listed as representatives of Myrtle Beach and Horry County. A call to the law firm representing Club Levelz was also not returned.

Henry and Virginia Brewington, owners of the club that once occupied 515 Ninth Ave. N., filed a Feb. 2 complaint claiming that actions by the city and the county made their landlord improperly terminate their five-year lease early. The club is called “Levelz Bar & Grill” in court documents.

The Brewingtons also said Myrtle Beach and Horry County targeted them for closure and leveraged random “keep checks” by police to build a case that the business was a public nuisance and should close down.

Horry County largely denied the original claims by Club Levelz in a filing and said that “[A]t no time were its alleged actions, conduct, or omissions motivated by any evil motive or intent and/or reckless or callous indifference to the Plaintiff.”

In February, Myrtle Beach said in filings that because the Brewingtons consented to close Club Levelz during proceedings in 2015, they could not sue now.

“[P]laintiffs waived any claims against this [the city of Myrtle Beach] as a result of their consent to the final judgment,” the city said in court documents.

In a March 13 filing, the city also denied Davis’ claim that it interfered with her contract with her tenants. She does not have standing to sue, Myrtle Beach also said.

Disagreement over lease

Club Levelz’s name has been tied to a killing on Feb. 15, 2015, when a man was slain just outside its doors. That high-profile case, which was later determined to be a murder for hire, occurred after the Horry County Solicitor’s office began the proceedings that led to Levelz’s closure.

The Brewingtons received a letter Feb. 5, 2015, from the office saying that their business was “reportedly being used for the unlawful possession and sell of controlled substances and continued breach of peace,” and that they had 10 days to abate the nuisance. A similar letter was sent to Davis, the landlord, on Feb. 10, 2015.

Then, Davis contacted the Brewingtons on Feb. 13, still two days before the shooting, and said that they had defaulted on their lease and needed to leave the premises, according to Club Levelz’s original complaint.

In her counter-suit, Davis denied she ever required the club to vacate, but instead said the club owners needed to rectify their issues with the county. Davis is requesting “unpaid rent, late fees, costs and attorney’s fees” from the Brewingtons.

But in an answer filed March 20, the Brewingtons attached what appeared to be a typed message from Davis, dated Feb. 13, 2015.

“Henry,” the note reads, “Here is a copy of the notice about why you have defaulted on your lease and will have to be out within 10 days.”

The lawsuit has been elevated to federal court after a motion filed by Myrtle Beach. Club Levelz’s owners have filed a request to return it to the state level.

A federal judge must decide on the Brewingtons’ request to return the case to state court before it progresses further.

This story was originally published March 21, 2017 at 6:10 PM with the headline "Lawsuits fly as Club Levelz’ landlord says she’s owed back rent."