CAROLINA POWER & LIGHT v. PAGELAND

No. 24405.

471 S.E.2d 137 (1996)

CAROLINA POWER & LIGHT COMPANY, Respondent, v. The TOWN OF PAGELAND and Lynches River Electric Cooperative, Inc., Appellants.

Supreme Court of South Carolina.

Decided April 8, 1996.

Rehearing Denied June 7, 1996.


Attorney(s) appearing for the Case

E. Crosby Lewis and Raymon E. Lark, Jr., both of Lewis, Rogers & Lark, P.A.; Pinckney Roberts, Columbia; and William O. Spencer, Jr., of Leppard, Henderson & Spencer, Chesterfield, for Appellants.

John M. Milling, of Milling Law Firm, P.A., Darlington; C. Anthony Harris, of Jennings & Harris, Cheraw; Harold W. Jacobs and Jeanne M. Mason, both of Nexsen, Pruet, Jacobs & Pollard, Columbia, for Respondent.


WALLER, Justice:

The Town of Pageland (Pageland) and Lynches River Electric Co-operative (Co-op) appeal a circuit court order granting Respondent, Carolina Power and Light (CP & L) summary judgment. We affirm in part, reverse in part.

FACTS

CP & L has been supplying electricity in Pageland since 1925. Co-op began providing electric service in 1939, at a time when Pageland was defined as a "rural"1 community. In...

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