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S.C. ELEC. & GAS CO. v. TOWN OF AWENDAW

No. 3543.

351 S.C. 491 (2002)

570 S.E.2d 542

SOUTH CAROLINA ELECTRIC & GAS COMPANY and SCANA Corporation, Appellants, v. TOWN OF AWENDAW and Berkeley Electric Cooperative, Inc., Respondents.

Court of Appeals of South Carolina.

Decided August 9, 2002.

Rehearing Denied October 22, 2002.

Attorney(s) appearing for the Case

James B. Richardson, Jr., Patricia Smith; and Catherine D. Taylor, all of Columbia, for appellants.

C. Mac Gibson, Jr., of Mt. Pleasant; Michael A. Molony and Lea B. Kerrison, both of Charleston, for respondents.

STILWELL, J.

South Carolina Electric and Gas Company (SCE & G) brought this action against the Town of Awendaw (Awendaw) seeking a refund of fees it paid Awendaw under protest. The master in equity granted Awendaw's motion for summary judgment. SCE & G appeals. We reverse.

FACTS

When the Town of Awendaw was incorporated in 1992, all of its inhabitants received their electric service from Berkeley Electric Cooperative. Awendaw adopted an ordinance...

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