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WILLIAMSBURG RURAL v. WILLIAMSBURG

No. 3707.

357 S.C. 251 (2003)

593 S.E.2d 154

WILLIAMSBURG RURAL WATER AND SEWER COMPANY, INC., Appellant, v. WILLIAMSBURG COUNTY WATER AND SEWER AUTHORITY, a Body Politic, County of Williamsburg, A Body Politic, and Town of Kingstree, a Body Politic, Respondents.

Court of Appeals of South Carolina.

Decided December 8, 2003.

Rehearing Denied March 4, 2004.

Attorney(s) appearing for the Case

Larry G. Reddeck, of Lake City; for Appellant.

Ernest J. Jarrett, W.E. Jenkinson, III, and Jennifer R. Kellahan, all of Kingstree; for Respondents.

HEARN, C.J.:

The central issue in this case is whether a county's constructive approval of a water and sewer service proposal submitted by a non-profit corporation under former S.C.Code Ann. § 33-35-90 grants the non-profit corporation exclusive service rights such that the county may not give franchise rights to competing providers within the same service areas designated in the proposal. Williamsburg Rural Water and Sewer Company, Inc. (Williamsburg Water)...

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