MYRTLE BEACH, S.C. (WBTW)-Lowes foods at the Grand Dunes location is suing the company it leases from. The store is in a twenty year lease with Burroughs and Chapin, a development company in Myrtle Beach. Lowes claims the lease agreement would prevent a competing grocery store to open within two miles of the Lowes at on Cipriana Drive, as part of a “radius restriction” agreement in the lease. Now, a new Publix is being built on the corner of 82nd Avenue North and North Kings Highway which is less than two miles away.
B&C disagreed that the Publix project violated the lease because the property is no longer owned by Burroughs and Chapin.
Lowes claims the new grocery store competition will cost the company more than 75-thousand dollars which is why it wants a jury trial and wants the lease voided.
We asked city spokesman Mark Kruea how new stores within the city are regulated. He said they do not consider how many stores are in close proximity of each other.
“The city doesn’t regulate the number of stores, that’s really a private market decision. We do regulate through zoning where certain uses are allowed and which uses are compatible with each other; business uses, neighborhood uses, we want to make sure there are not conflicts there but in terms of saying that’s one too many of those particular kinds, no, that’s not something the city regulates.”
We reached out to Burroughs and Chapin about this lawsuit, the spokeswoman said she couldn’t comment on pending litigation. Count on News13 for any updates on the lawsuit.
