SHEPPARD v. CITY OF ORANGEBURG

No. 24035.

442 S.E.2d 601 (1994)

W. Macon SHEPPARD and Eugene Montgomery, Respondents, v. The CITY OF ORANGEBURG, a body politic and corporate, the Orangeburg City Council, its governing body, Martin C. Cheatham, in his official capacity as Mayor of the City of Orangeburg, Bernard Haire, Allen W. Parrott, Marion F. Moore, W. Everette Salley, L. Zimmerman Keitt, and Joyce W. Rheney, in their official capacities as members of the Orangeburg City Council, the Department of Public Utilities of the City of Orangeburg, a department of the municipality of Orangeburg, and T.M. Johnson, Jr., in his official capacity as Manager of the Department of Public Utilities of the City of Orangeburg, Appellants. JONES CABLE INCOME FUND 1-B, LTD., Jones Intercable, Inc., and Terry L. Roberson, Respondents, v. The CITY OF ORANGEBURG, a body politic and corporate, the Orangeburg City Council, its governing body, Martin C. Cheatham, in his official capacity as Mayor of the City of Orangeburg, Bernard Haire, Allen W. Parrott, Marion F. Moore, W. Everette Salley, L. Zimmerman Keitt, and Joyce W. Rheney, in their official capacities as members of the Orangeburg City Council, the Department of Public Utilities of the City of Orangeburg, a department of the municipality of Orangeburg, and T.M. Johnson, Jr., in his official capacity as Manager of the Department of Public Utilities of the City of Orangeburg, Appellants.

Supreme Court of South Carolina.

Decided March 21, 1994.


Attorney(s) appearing for the Case

Hamilton Osborne, Jr., Sinkler and Boyd, Columbia, and James F. Walsh, Jr., Orangeburg, for appellants.

Marshall B. Williams, Williams and Williams, Orangeburg, for respondents W. Macon Sheppard and Eugene Montgomery.

John M.S. Hoefer and B. Craig Collins, Willoughby and Hoefer, Columbia, David H. Wilkins, Wilkins and Nelson, Greenville, for respondents Jones Cable Income Fund 1-B, Ltd., Jones Intercable, Inc., and Terry L. Roberson.

Terrell L. Glenn and Wilmot B. Irvin, Glenn, Irvin, Murphy, and Gray, and Stepp, Columbia, and John D. Seiver, Paul Glist, and Steven J. Horvitz, Cole, Raywid, and Braverman, Washington, DC, for amicus curiae South Carolina Cable Television Ass'n.

James E. Bryan, Jr., Laurens, for amicus curiae South Carolina Ass'n of Mun. Power Systems.

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


HOWELL, Acting Associate Justice.

The City of Orangeburg (City) contends that the trial judge erred in holding that the City does not have the authority to acquire, construct, and operate a cable television system. We disagree and affirm.

I. Facts

Respondents W. Macon Sheppard and Eugene Montgomery (Sheppard and Montgomery), and Respondents Jones Cable Income Fund 1-B, Ltd., Jones Intercable, Inc., and Terry L. Roberson (Jones) (together Respondents...

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