SC Supreme Court clears way for residents’ lawsuit against AVX

A group of Myrtle Beach property owners can proceed with a lawsuit against AVX Corp. after the state Supreme Court reversed a lower court’s decision to dismiss their case, according to documents filed Wednesday.

Lawyers for the landowners had argued that Circuit Court Judge Benjamin Culbertson improperly dismissed the claims because he refused to hear evidence that the owners’ property values have decreased and that bank loans have been denied because of pollution on property that is near their land.

The high court agreed, and the majority of justices said the case “raises the novel question whether South Carolina will recognize ‘stigma damages.’”

Wednesday’s decision left no doubts about the property owners’ next move.