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Here's why Myrtle Beach says a lawsuit over Country Music Festival should be tossed

The final day of Carolina Country Music Festival is underway in Myrtle Beach on Sunday, June 11, 2017. Here's Drake White and The Big Fire performing on the Coors Light Main Stage.
The final day of Carolina Country Music Festival is underway in Myrtle Beach on Sunday, June 11, 2017. Here's Drake White and The Big Fire performing on the Coors Light Main Stage. jblackmon@thesunnews.com

With Carolina County Music Festival a week away, Myrtle Beach says Nathan's Hot Dogs agreed to the concert and a lawsuit over access to the eatery should be dismissed.

This week the city answered a lawsuit filed by Nathan's in April against CCMF, LLC, Robert Durkin and the city. The restaurant states in the suit that it gets most of its foot traffic from 8th Avenue North. But, that route is restricted during the festival forcing customers to find other, difficult ways to the establishment, the filing contends.

Carolina County Music Festival is set for June 7-10 at the old Pavilion site along Ocean Boulevard in Myrtle Beach.

The suit states large trucks, buses and other vehicles are encouraged to park on 8th Avenue North during the festival. The street is blocked off with a 6-foot tall chain-link fence, the filing contends.

The suit asks for $25,171 plus interest the eatery says it was short in sales because of the festival.

This week, Myrtle Beach answered the lawsuit and denied many of the allegations. The city also argued that city code allows officials to designate the festival an "extraordinary event" that allows the blocking of sidewalks and roads.

The city also argues that Nathan's waived legal grounds by entering into agreements with various groups and also agreed to the presence of the festival for several years.

This story was originally published May 31, 2018 at 6:38 PM with the headline "Here's why Myrtle Beach says a lawsuit over Country Music Festival should be tossed."

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