ELECTRONICALLY FILED - 2020 Aug 07 2:09 PM - HORRY - COMMON PLEAS - CASE#2020CP2604674

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS

THE FIFTEENTH JUDICIAL CIRCUIT
HORRY COUNTY CASE NO.: 2020-CP-26-

State of South Carolina on the relation of

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

PETITIONER, SUMMONS
vs.

George R. Ferrell, III,

RESPONDENT.

TO THE ABOVE-NAMED RESPONDENT:

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 Post Office Box 530, Conway, South Carolina 29528-0530,
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
Battle Law Firm, LLC
P.O. Box 530
Conway, South Carolina 29528
P: 843-248-4321
jbattle@battlelawsc.com
Conway, South Carolina
August 6, 2020

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 ELECTRONICALLY FILED - 2020 Aug 07 2:09 PM - HORRY - COMMON PLEAS - CASE#2020CP2604674
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
THE FIFTEENTH JUDICIAL CIRCUIT
HORRY COUNTY CASE NO.: 2020-CP-26-

State of South Carolina on the relation of

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

PETITIONER, VERIFIED PETITION

vs.

George R. Ferrell, III,

RESPONDENT.

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 the Code of Laws of South Carolina Annotated §§ 15-43-10 to 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 to 130, existing as a farm located at 10480 Hwy 707, Myrtle Beach, South Carolina in

Horry County (hereinafter the Farm).

4. The Farm is owned by Respondent George R. Ferrell, III.

5. Petitioner personally served written notice of the public nuisance on Respondent’s

daughter, Madison Ferrell, at Respondent’s personal residence.

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

date the nuisance remains unabated.

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7. Petitioner is informed and believes the Farm has the general reputation for being a

continuous breach of the peace, to wit:

Respondent’s Farm has been habitually used to shoot firearms towards a

residential development called Harmony at St. James. People shooting from
Respondent’s Farm have hit multiple homes on several occasions. Requests by the
Horry County Police Department to Respondent to stop the shooting have been
unsuccessful.

8. 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 to 130 and should be forthwith enjoined and

abated.

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

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

furthering the public nuisance.

10. Petitioner is informed and believes it is entitled to a temporary injunction closing access

to the Farm until such time that the matter can be heard on its merits.

11. Petitioner is informed and believes it is entitled to an injunction closing the Farm for a

period of one year pursuant to S.C. Code Ann. §§ 15-43-10 to 130.

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

abating the public nuisance of the Farm.

13. Petitioner is informed and believes that unless Respondent is enjoined by the court, the

Farm will continue to operate as a public nuisance to the harm and detriment of Horry County.

Wherefore, Petitioner requests:

a. The above-named Respondent and his agents, servants, subordinates, and

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

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and assisting in the using and maintaining of the Farm, 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 to

130.

b. This court shall by order direct and command the Horry County 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 Respondent 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 Respondent, and his agents, servants,

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

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

statute;

d. This court shall enter a decree perpetually restraining Respondent and his 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 Respondent and

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

the State of South Carolina;

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

shall direct the Chief of Police for the Horry County 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 employees and affiliates of Respondent be accomplished by

posting a copy of the order in plain view on the main front door entrance of the Farm;

g. This court shall order the Respondent to pay the costs incurred by the Petitioner in

abating the public nuisance;

h. For such other relief as to this court may seem just and proper.

s/James R. Battle
SC Bar #73604
Special Prosecutor for the 15th Judicial Circuit
Battle Law Firm, LLC
P.O. Box 530
Conway, South Carolina 29528
P: 843-248-4321
jbattle@battlelawsc.com
Conway, South Carolina
August 6, 2020