S.C.P.S.C. v. CITY OF ROCK HILL

20403

268 S.C. 405 (1977)

234 S.E.2d 228

The SOUTH CAROLINA PUBLIC SERVICE COMMISSION, Appellant, v. CITY OF ROCK HILL et al., Respondents.

Supreme Court of South Carolina.

April 18, 1977.


Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Atty. Gen., Nathan Kaminski, Jr., Asst. Atty. Gen., and Michael A. Molony, Staff Counsel, of Columbia, for Appellant.

Messrs. Spencer & Spencer, of Rock Hill, for Respondent, City of Rock Hill, South Carolina.

Messrs. Spratt, McKeown & Spratt, of York, for Respondent, York Electric Cooperative, Inc.

Messrs. Steve C. Griggith, J., and W.I. Ward, Jr., of Charlotte, N.C., and Hayes, Brunson & Gatlin, of Rock Hill, for Respondent, Duke Power Co.


April 18, 1977.

RHODES, Justice:

The South Carolina Public Service Commission (Commission) appeals from an order of the circuit judge sustaining a demurrer interposed by the City of Rock Hill (City). We reverse and remand.

The City, by service of summons and complaint on February 20, 1976, commenced an action seeking judicial review of a prior order of the Commission. The City's action was based on S.C. Code § 24-161 (1962).1...

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