Skydive Myrtle Beach, Inc. v. Horry County

Summary

The South Carolina Supreme Court held that Skydive Myrtle Beach's appeal from an ejectment order was not moot because Skydive had been involuntarily removed from the airport hangar and could be restored to possession if it prevailed. On the merits, the court held that a 2013 Space Use Permit superseded the parties' prior agreement and expired on January 31, 2014. The court reversed the Court of Appeals and affirmed the circuit court's ejectment decision.

Holdings

1. The appeal was not moot because Skydive did not voluntarily vacate the hangar and a ruling reversing the ejectment order could have the practical legal effect of restoring Skydive to possession.
2. The Space Use Permit superseded the May 2012 agreement, expired on January 31, 2014, and left Skydive with no right to continue occupying the hangar.

Questions Presented

1. Whether Skydive's appeal was moot after it was removed from the hangar.
2. Whether the May 2012 agreement continued to give Skydive a right to occupy the hangar after the parties executed and allowed the Space Use Permit to expire.

Disposition

reversed