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Cherry Grove Beach Gear, LLC, et al. v. City of North Myrtle Beach, South Carolina

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 24-2161 · judgment December 23, 2025


1%
estimated cert probability
(petition-stage, structural)
GVR risk 2%

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the market participant exception to state action immunity should be adopted under the facts of this case, specifically where the municipality is the sole market participant.

  2. W het her t he u nderly i ng opi n ion of t he Fourth Circuit Court of Appeals erodes the clear articulation test and parker immunity jurisprudence as developed by this Court

  3. Whether this Court should clarify that, when a municipality uses legislative power to exclude rivals while it provides the challenged service as a commercial provider, the clear-articulation requirement must be applied with heightened rigor to prevent “simple permission to participate” from being converted into authorization to monopolize. (These questions arise under, inter alia, Parker v. Brown, 317 U.S. 341 (1943); City of Lafayette v. Louisiana Power & Light Co., 435 U.S. 389 (1978); Cmty. Commc’ns Co. v. City of Boulder, 455 U.S. 40 (1982); Town of Hallie v. City of Eau Claire, 471 U.S. 34 (1985); FTC v. Phoebe Putney Health Sys., Inc., 568 U.S. 216 (2013); City of Columbia v. Omni Outdoor Advertising, Inc, 499 U.S. 365, 111 S.Ct. 1344, 113 L.Ed.2d 382 (1991).

Counsel of record

For petitioner
Kenneth Ray Moss
Wright, Worley, Pope, Ekster and Moss, PLLC

For respondent
Kirsten Elena Small
Maynard Nexsen PC

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jul 29 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jul 10 2026
    Brief of respondent City of North Myrtle Beach in opposition filed.
  3. May 18 2026
    Motion to extend the time to file a response is granted and the time is extended to and including July 10, 2026.
  4. May 15 2026
    Motion to extend the time to file a response from June 10, 2026 to July 10, 2026, submitted to The Clerk.
  5. May 11 2026
    Response Requested. (Due June 10, 2026)
  6. Apr 22 2026
    DISTRIBUTED for Conference of 5/14/2026.
  7. Apr 16 2026
    Waiver of right of respondent City of North Myrtle Beach to respond filed.
  8. Mar 23 2026
    Petition for a writ of certiorari filed. (Response due April 27, 2026)