BLUE RIDGE ELEC. COOP. v. COMBINED UTILITY SYS.

21923

279 S.C. 135 (1983)

303 S.E.2d 91

BLUE RIDGE ELECTRIC COOPERATIVE, Respondent, v. The COMBINED UTILITY SYSTEM OF the CITY OF EASLEY, South Carolina, Appellant.

Supreme Court of South Carolina.

May 11, 1983.


Attorney(s) appearing for the Case

J.D. Todd, Jr., of Leatherwood, Walker, Todd & Mann, of Greenville, and Felix L. Finley, Jr., of Finley, Ponder & Warlick, of Pickens, for appellant.

Henry F. Floyd, of Acker, Acker, Floyd & Welmaker, of Pickens, for respondent.

John W. Thomas, of Dial, Jennings, Windham & Thomas, of Columbia, for S.C. Elec. Co-op. Ass'n, Inc., amicus curiae.


May 11, 1983.

GREGORY, Justice:

This declaratory judgment action was brought by respondent Blue Ridge Electric Cooperative (Blue Ridge) to determine the constitutionality of S.C. Code Ann. § 58-27-1360 (1976) which pertains to the acquisition of facilities and properties of a supplier of electricity by a city or town or with the consent of the governing body of the city of town, an electrical utility furnishing...

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