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BELLSOUTH v. CITY OF ORANGEBURG

No. 25009.

337 S.C. 35 (1999)

522 S.E.2d 804

BELLSOUTH TELECOMMUNICATIONS, INC., f/k/a Southern Bell Telephone and Telegraph Company, Appellant, v. CITY OF ORANGEBURG, Martin C. Cheatham, in his official capacity as Mayor of the City of Orangeburg and Member of its City Council, Bernard Haire, Marion F. Moore, W. Everett Salley, D.V.M., L. Zimmerman Keitt, Joyce W. Rheney, Sandra P. Knotts, and Paul A. Miller, in their official capacities as Present and or Past Members of the Orangeburg City Council, Respondents.

Supreme Court of South Carolina.

Decided November 8, 1999.

Rehearing Denied December 15, 1999.

Attorney(s) appearing for the Case

Fred A. Walters, Atlanta, Georgia, Caroline N. Watson, Columbia, William J. Quirk, Columbia, A. Camden Lewis, Keith M. Babcock, Lewis, Babcock & Hawkins, L.L.P., Columbia, for appellant.

James M. Brailsford, III, Robinson, McFadden & Moore, P.C., Columbia, James F. Walsh, Orangeburg, for respondents.

MOORE, Justice:

This appeal is from an order finding valid a franchise fee ordinance enacted by respondent City of Orangeburg (City). We affirm.

FACTS

Appellant BellSouth Telecommunications, Inc. (BellSouth) commenced this declaratory judgment action attacking the validity of City's franchise ordinance enacted May 11, 1993. The ordinance requires BellSouth to pay a yearly franchise fee of 5% of its gross revenue earned within City and a one-time...

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