ELECTRONICALLY FILED - 2024 May 10 11:53 AM - HORRY - COMMON PLEAS - CASE#2024CP2603218

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

THE FIFTEENTH JUDICIAL CIRCUIT
HORRY COUNTY CASE NO.: 2024-CP-26-

State of South Carolina on the relation of

Jimmy A. Richardson, II, Solicitor of the
Fifteenth Judicial Circuit,

PETITIONER, SUMMONS
vs.

YK Southern Breeze, LLC and YK Summer

Wind, LLC,

RESPONDENTS.

TO THE ABOVE-NAMED RESPONDENTS:

YOU ARE HEREBY SUMMONED and required to answer the Petition in this action, a
copy of which is herewith served upon you, and to serve a copy of your Answer to said Petition
on the subscribers at their offices at 1809 North Oak Street, Myrtle Beach, South Carolina
29577, within thirty (30) days after the service hereof, exclusive of the day of such service; and
if you fail to answer the Petition, or to otherwise responsively plead to the Petition, or to
otherwise appear and defend, within the time aforesaid, the Petitioner in this action will apply to
the Court for judgment by default against you, for the relief demanded in the Petition.

s/James R. Battle
SC Bar #73604
Special Prosecutor for the 15th Judicial Circuit
J.R. Battle Law Firm, LLC
1809 N Oak Street
Myrtle Beach, South Carolina 29577
P: 843-839-5310
jbattle@jrbattlelawfirm.com

May 10, 2024

 ELECTRONICALLY FILED - 2024 May 10 11:53 AM - HORRY - COMMON PLEAS - CASE#2024CP2603218
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
THE FIFTEENTH JUDICIAL CIRCUIT
HORRY COUNTY CASE NO.: 2024-CP-26-

State of South Carolina on the relation of

Jimmy A. Richardson, II, Solicitor of the
Fifteenth Judicial Circuit,

PETITIONER, VERIFIED PETITION

vs.

YK Southern Breeze, LLC and YK Summer

Wind, LLC,

RESPONDENTS.

Petitioner respectfully alleges:

1. Petitioner is the duly elected Solicitor of the Fifteenth Judicial Circuit of the State of

South Carolina.

2. Petitioner brings this action in the name of the State of South Carolina, pursuant to the

provisions of S.C. Code Ann. §§ 15-43-10 through 130.

3. This action is brought and prosecuted for the purpose of temporarily and permanently

enjoining and abating a certain public and common nuisance, as defined by S.C. Code Ann. §§

15-43-10 through 130, existing as two motels: (1) the Southern Breeze located at 1901 South

Ocean Boulevard, Myrtle Beach, South Carolina and (2) the Summer Wind located at 1903

South Ocean Boulevard, Myrtle Beach, South Carolina.

4. The real property owner of the Southern Breeze is Respondent YK Southern Breeze,

LLC, and the real property owner of the Summer Wind is Respondent YK Summer Wind, LLC.

Upon information and belief, Respondents YK Southern Breeze and YK Summer Wind are

owned by the same parent company.

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5. The Southern Breeze and Summer Wind are located next to each other and operated as

one motel using the same management staff.

6. Petitioner served written notice of the public nuisance on Respondents YK Southern

Breeze and YK Summer Wind pursuant to S.C. Code Ann. § 15-43-120.

7. More than ten days has elapsed since the service of the notice of public nuisance, and to

date the nuisance remains unabated.

8. Petitioner is informed and believes that Southern Breeze and Summer Wind have the

general reputation for repeated acts of unlawful possession or sale of controlled substances and

continuous breaches of the peace, to wit:

Since Respondents purchased the Southern Breeze and the Summer Wind in
2021, there has been little to no management or oversight of the business
operations of the motels. In this vacuum, drug activity and breaches of the peace
have become rampant at these locations.

9. The above-mentioned acts and conduct which occur on the premises are offensive to

public decency, morals, peace, and health, and constitute a public nuisance which is subject to

abatement under S.C. Code Ann. §§ 15-43-10 through 130 and should be forthwith enjoined and

abated.

10. Petitioner is further informed and believes that the furniture, personal property, and other

fixtures located on said premises are owned by the Respondents and are used for the purpose of

furthering the public nuisance.

11. Petitioner is informed and believes it is entitled to a temporary injunction closing the

Southern Breeze and Summer Wind until such time that the matter can be heard on its merits.

12. Petitioner is informed and believes it is entitled to an injunction closing the Southern

Breeze and Summer Wind for a period of one year pursuant to S.C. Code Ann. §§ 15-43-10

through 130.

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13. Petitioner is informed and believes it is entitled to a judgment for its costs incurred in

abating the public nuisance at the Southern Breeze and Summer Wind.

14. Petitioner is informed and believes that unless Respondents are enjoined by the Court,

Respondents will continue to operate the Southern Breeze and Summer Wind as a public

nuisance to the harm and detriment of the public.

Wherefore, Petitioner requests:

a. All of the above-named Respondents and their agents, servants, subordinates, and

employees, and each and every one of them, be enjoined and restrained from using, maintaining,

and assisting in the using and maintaining of the Southern Breeze and Summer Wind, as a place

where the above alleged conduct, acts and public nuisance are carried on in violation of S.C.

Code Ann. §§ 15-43-10 through 130.

b. This Court shall by order direct and command the Myrtle Beach Police Department to

summarily abate the public and common nuisance now existing on the premises and for that

purpose to take possession of the premises and to close the same and take possession of all the

furniture, equipment, fixtures and other property now used on the premises in connection with

the violation alleged above as constituting a nuisance and to remove the same and all of the same

to a place of safekeeping to await further order of this Court;

c. This Court shall forthwith issue a temporary injunction, pursuant to S.C. Code Ann. § 15-

43-30, restraining Respondents from conducting or permitting the continuance of the nuisance

and shall order that the building and premises be closed until the conclusion of the trial of this

case; and that such temporary injunction restrain Respondents, and their agents, servants,

subordinates, and employees and all persons, from removing or in any way interfering with the

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furniture, equipment fixtures and other property used in connection with the violation of the

statute;

d. This Court shall enter a decree perpetually restraining Respondents and their agents,

servants, subordinates, employees and each and every one of them, from maintaining or

permitting the nuisance and from using the premises or buildings in which the same is

maintained for any purpose for a period of one year, and perpetually restraining Respondents and

their agents, servants, subordinates, and employees, from maintaining any such nuisance within

the State of South Carolina;

e. This Court shall enter an order of abatement as part of this decree, which order shall

direct the Myrtle Beach Police Department to remove from the building or premises all fixtures

and movable property used in conducting or aiding or abetting the nuisance, and to sell the same

in the manner provided by law for the sale of personal property, and to close the building or

premises or such place against its use for the purpose and to keep it closed for a period of one

year;

f. This Court shall order and direct that service of any orders in this matter, temporary or

perpetual, on the affiliates of Respondents be accomplished by posting a copy of the order in

plain view on the main front door of the Southern Breeze and Summer Wind;

g. This Court shall order the Respondents to pay the costs incurred by the Petitioner in

abating the public nuisance; and

h. For such other relief as to this Court may deem just and proper.

Signature Follows

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 ELECTRONICALLY FILED - 2024 May 10 11:53 AM - HORRY - COMMON PLEAS - CASE#2024CP2603218
s/James R. Battle
SC Bar #73604
Special Prosecutor for the 15th Judicial Circuit
J.R. Battle Law Firm, LLC
1809 N Oak Street
Myrtle Beach, South Carolina 29577
P: 843-839-5310
F: 888-315-6669
jbattle@jrbattlelawfirm.com
May 10, 2024