Landlord/Tenant – Airport Hangar Lease – ‘Space Use Permit’ – Superseding Agreement – Appeals – Mootness

Even though a May 2012 agreement would have allowed the tenant to remain on the leased premises until July 2020, since the tenant entered into a September 2013 “Space Use Permit” with the landlord, which only allowed the tenant to occupy the premises through January 31, 2014, the tenant is bound by the Space Use Permit.

We reverse the Court of Appeals’ ruling on the issue of mootness and affirm the circuit court’s ruling in favor of the landlord-county.

The May 2012 agreement is the only basis on which the tenant claims it has any right to occupy the leased hangar. We agree with the magistrates court and the circuit court that the May 2012 agreement is no longer in effect.

The Space Use Permit provides that it “constitutes the complete agreement of the parties with respect to” occupancy of the hangar and “supersedes all previous agreements.”

The May 2012 agreement was between the tenant and Grand Strand Aviation/Ramp 66, which leased the airport from the county until August 2013, when the county began operating the airport itself.

The tenant argues the May 2012 agreement provides that it “remains in effect through Grand Strand Aviation’s lease with Horry County Department of Airports through July 2020 unless both parties agree to any changes in writing.” When the county terminated its agreement with Grand Strand Aviation/Ramp 66, however, the county became the party with the right to “agree in writing” to change the relationship. It did precisely that in executing the Space Use Permit, which expired on January 31, 2014. When the Space Use Permit expired, the tenant retained no right to continue to occupy the hangar.

Our Court of Appeals dismissed the tenant’s appeal as moot; however, where the tenant did not vacate the leased premises voluntarily and—if we agreed that the May 2012 agreement applied—could have moved back in to the hangar through July 2020, the tenant’s appeal is not moot.

We reverse the Court of Appeals and affirm the circuit court.

Skydive Myrtle Beach, Inc. v. Horry County (Lawyers Weekly No. 010-075-19, 5 pp.) (John Few, J.) Appealed from the Circuit Court in Horry County (Larry Hyman, J.) Robert Bratton Varnado for petitioner; Michael Warner Battle for respondent. S.C. S. Ct.