FORT HILL NATURAL GAS AUTHORITY v. CITY OF EASLEY

23798

310 S.C. 346 (1993)

426 S.E.2d 787

FORT HILL NATURAL GAS AUTHORITY, Appellant v. CITY OF EASLEY, the Town of Liberty, the Town of Clemson, and the Town of Seneca, Respondents.

Supreme Court of South Carolina.

Decided February 1, 1993.


Attorney(s) appearing for the Case

James L. Williams, of Derrick, Ritter & Williams, P.A., and Lowell W. Ross, of Ross, Stoudemire & Awde, P.A., Seneca, for appellant.

D. Garrison Hill and Leo H. Hill, both of Hill, Wyatt & Bannister, Greenville, for the respondent, City of Easley.

Paul E. Bowie, III, of Pickens, for respondent, Town of Liberty.

N. Gruber Sires, Jr., Seneca, for respondent, Town of Clemson.

Michael J. Smith, Seneca, for respondent, Town of Seneca.

Roy D. Bates, Columbia, amicus for Mun. Ass'n. of South Carolina.


Heard Dec. 9, 1992.

Decided Feb. 1, 1993.

TOAL, Justice:

The issue presented in this appeal is whether the trial court erred in interpreting the Fort Hill Natural Gas Authority (hereinafter "Authority") enabling act as requiring all profits not contracted for or under covenant to be disbursed to the Authority's member towns. We affirm.

FACTS

The Fort Hill Natural Gas Authority was created...

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