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TOTAL ENV. SOLUTIONS v. PUBLIC SERV. COM'N

No. 25509.

351 S.C. 175 (2002)

568 S.E.2d 365

TOTAL ENVIRONMENTAL SOLUTIONS, INC., Respondent, v. SOUTH CAROLINA PUBLIC SERVICE COMMISSION, Foxwood Hills Property Owners Association, Steven W. Hamm, Consumer Advocate for the State of South Carolina, and Ernest Campbell, of whom South Carolina Public Service Commission is Respondent, and Foxwood Hills Property Owners Association, Inc. is Appellant. Total Environmental Solutions, Inc., Respondent, v. Foxwood Hills Property Owners Association, the South Carolina Department of Consumer Affairs, Ernest Campbell, and South Carolina Public Service Commission, of whom Foxwood Hills Property Owners Association is Appellant, and South Carolina Public Service Commission is Respondent. Foxwood Hills Property Owners Association, Appellant, v. South Carolina Public Service Commission, Total Environmental Solutions, Inc., and Steven W. Hamm, Consumer Advocate for South Carolina, of whom South Carolina Public Service Commission and Total Environmental Solutions, Inc. are Respondents.

Supreme Court of South Carolina.

Decided August 5, 2002.

Attorney(s) appearing for the Case

Henry Asby Fulmer, III, of Fulmer Law Firm, of Summerville, for Appellant.

Fred David Butler, of Columbia, for Respondent South Carolina Public Service Commission.

John F. Beach and John J. Pringle, Jr., of Beach Law Firm, of Columbia, for Respondent Total Environmental Solutions, Inc.

Justice BURNETT.

This case is before the Court on cross-appeals from consolidated cases arising from the circuit court's final order denying a utility company's appeal from the South Carolina Public Service Commission's ("Commission") Order. We affirm.

FACTS

Mountain Bay Estates Utility Company, Inc. ("Mountain Bay") a company providing water and sewer services to the Foxwood Hills resort community in Oconee County, applied for a rate increase with...

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