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HILTON HEAD CTR. OF S.C. v. PSC OF S.C.

22793

294 S.C. 9 (1987)

362 S.E.2d 176

HILTON HEAD CENTER OF SOUTH CAROLINA, INC., Appellant v. The PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA and Hilton Head Plantation Utilities, Inc., Respondents.

Supreme Court of South Carolina.

Decided November 9, 1987.

Attorney(s) appearing for the Case

Frank H. Clabaugh and Douglas W. MacNeille, of Dowling, Sanders, Dukes, Svalina, Ruth & Williams, Hilton Head Island, for appellant.

Rex L. Carter, of Carter, Smith, Merriam, Rogers and Traxler, Greenville, and Joseph R. Barker, of Bethea, Jordan & Griffin, Hilton Head Island, for respondent Hilton Head Plantation Utilities, Inc.

Arthur G. Fusco and H. Clay Carruth, Jr., of South Carolina Public Service Com'n, Columbia, for respondent South Carolina Public Service Com'n.

Heard Sept. 23, 1987.

Decided Nov. 9, 1987.

NESS, Chief Justice:

Hilton Head Center (Center) appeals the dismissal of its complaint. The PSC and the circuit court both held the action was barred by the doctrine of res judicata. We affirm.

In 1981, Center and Hilton Head Plantation Utilities (Utility) entered into an agreement for Utility to provide water and sewer service to Center. Center agreed to pay approximately $73,000 in aid-to-construction...

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