1. Home
  2. Browse Decisions
  3. S.C.
  4. 301 S.C.
  5. 301 S.C. 274 (1990)
 

N.C. ELECTRIC MEMBERSHIP CORP. v. WHITE

23199

301 S.C. 274 (1990)

391 S.E.2d 571

NORTH CAROLINA ELECTRIC MEMBERSHIP CORPORATION, North Carolina Municipal Power Agency Number One, Duke Power Company, and Piedmont Municipal Power Agency, Appellants v. Murry B. WHITE, Jr., Peggy G. Upchurch, Caldwell A. Barron, John M. Douglas, J.B. Comer, David Vipperman and Joe D. Newton, in their capacity as members of the County Council of York County, South Carolina, the County Council of York County, South Carolina; the Western York County Water and Sewer District of York County, South Carolina; the County of York, South Carolina; Gerald H. Kemp, Jr., Julian Dickerson, Joe Johnson, Ron Wilson, Tom Burton, David A. Cyphers and Freddie M. Clinton, in their capacity as members of the Board of Directors of the Western York County Water and Sewer District, Respondents.

Supreme Court of South Carolina.

Decided April 30, 1990.

Attorney(s) appearing for the Case

R.W. Dibble, Jr., Jane W. Trinkley, McNair Law Firm, P.A., Columbia, J. Phil Carlton and Susanna K. Gilchrist, Poyner & Spruill, Raleigh, N.C., for appellants.

Melvin McKeown, Jr., Spratt, McKeown & Bradford, York, Charlton deSauusure, Jr., Belton T. Zeigler and Virginia Vroegop, Sinkler & Boyd, Columbia, for respondents.

Heard June 9, 1989.

Decided April 30, 1990.

FINNEY, Justice:

This is an appeal from a declaratory judgment order. The appellants, several electrical power companies (power companies), brought suit challenging the constitutionality of a 1986 ordinance passed by respondent York County Council (County Council). The trial court upheld the 1986 ordinance. We reverse.

In 1986, County Council followed prescribed procedure and enacted an ordinance...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases