CAMPBELL v. HILTON HEAD NO. 1 PUBLIC

No. 25635.

354 S.C. 190 (2003)

580 S.E.2d 137

Irvin W. CAMPBELL, J.C. Lawyer, Backus Ferguson, and Thomas Hanahan, III, on behalf of themselves and all others similarly situated, Respondents, v. HILTON HEAD NO. 1 PUBLIC SERVICE DISTRICT and Beaufort County South Carolina, Appellants.

Supreme Court of South Carolina.

Decided April 28, 2003.


Attorney(s) appearing for the Case

Steve A. Matthews and Benjamin T. Zeigler, of Haynsworth Sinkler Boyd, P.A., of Columbia, Stephen P. Hughes and Mary Bass Lohr, of Howell, Gibson & Hughes, of Beaufort, for Appellants.

A. Camden Lewis, Mary G. Lewis, and Ariail E. King, of Lewis, Babcock & Hawkins, L.L.P., of Columbia; Joel D. Bailey, of The Bailey Law Firm, P.A., of Beaufort, for Respondents.


Justice WALLER:

This is a direct civil appeal. On cross-motions for summary judgment, the trial court granted summary judgment for respondents and also granted respondents' request for class certification. Appellants appeal both decisions. We reverse.

FACTS1

In 1969, the Legislature created appellant Hilton Head No. 1 Public Service District (the District) as a special purpose district to supply water and sewer...

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