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KIAWAH PROPERTY OWNERS GROUP v. PSC

No. 24997.

338 S.C. 92 (1999)

525 S.E.2d 863

KIAWAH PROPERTY OWNERS GROUP, Appellant, v. The PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA and Kiawah Island Utility, Inc., Respondents.

Supreme Court of South Carolina.

Decided September 7, 1999.

Attorney(s) appearing for the Case

Stephen P. Groves, Sr., Michael A. Molony and Stephen L. Brown, all of Young, Clement, Rivers & Tisdale, LLP, of Columbia, for appellant.

G. Trenholm Walker, of Pratt-Thomas, Pearce, Epting & Walker, P.A., of Charleston; and Lucas C. Padgett, Jr., of McNair Law Firm, P.A., of Charleston, both for respondent Kiawah Island Utility, Inc.

F. David Butler, of Public Service Commission, of Columbia, for respondent The Public Service Commission of South Carolina.

TOAL, Justice:

This case is an appeal from the circuit court's order upholding the decisions of the Public Service Commission ("PSC"). We reverse and remand.

FACTUAL/PROCEDURAL BACKGROUND

Kiawah Island Utility, Inc. ("the Utility") provides water and sewer service to the residents of Kiawah Island. The Utility is wholly owned by Kiawah Resort Associates ("the Developer"). In July of 1996, the Utility...

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