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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF SOUTH CAROLINABEAUFORT DIVISION
KIGRE, INC.,Plaintiff,vs.TOWN OF HILTON HEAD ISLAND,Defendant.)))))))))CIVIL ACTION NUMBER: 9:13-cv-1776-SBNotice of Motion and Motion to Dismiss ____________________________________)
COMES now the Defendant herein, the Town of Hilton Head Island (hereinafter referred
to as “Defendant”), and moves on this day for an Or
der dismissing the present case pursuant tothe basis set forth below a
nd as further discussed in Defendant’s Memorandum submitted
of aneven date herewith.
The claims of the Plaintiff herein, Kigre, Inc. (hereinafter referred to as “Plaintiff”), relate
to the constitutionality and exercise of
taxing authority. Respectfully, this Courtlacks the ability to hear the above-captioned matter filed by Plaintiff for several reasons:I.
This Court lacks subject matter jurisdiction because:a.
This matter has already been tried to finality in the state court system of the Stateof South Carolina, Plaintiff should be denied its attempt to re-litigate the sameissues as the state court heard, and all relief sought herein is barred by res judicata;i.
Under the United States Constitution and 28 U.S.C. § 1738 (2012), thisCourt should give full faith and credit to the final judgment of the State of South Carolina court system;
9:13-cv-01776-SB Date Filed 07/22/13 Entry Number 9 Page 1 of 3