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J.K. CONST. v. REGIONAL SEWER AUTHORITY

No. 24981.

336 S.C. 162 (1999)

519 S.E.2d 561

J.K. CONSTRUCTION, INC., as property owner in Western Carolina Regional Sewer Authority, and on behalf of all others similarly situated, Appellant, v. WESTERN CAROLINA REGIONAL SEWER AUTHORITY, South Carolina, Respondent.

Supreme Court of South Carolina.

Decided August 2, 1999.

Attorney(s) appearing for the Case

James Andrew Smith of Love, Thornton, Arnold & Thomason, P.A., Greenville, for appellant.

Steve A. Matthews of Sinkler & Boyd, P.A., Columbia, and Leo H. Hill of Hill, Wyatt & Bannister, Greenville, for respondent.

WALLER, Justice:

J.K. Construction, Inc., (JKC) paid under protest a "new account fee" imposed by Western Carolina Regional Sewer Authority (Authority), then brought a declaratory judgment action challenging the validity of the fee. JKC asked the court to enjoin Authority from imposing the fee and order Authority to reimburse everyone who had paid the fee. The circuit court referred the case to a master-in-equity, granting the master authority to enter a final judgment...

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