ELEC. & GAS CO. v. TOWN OF AWENDAW

No. 25820.

359 S.C. 29 (2004)

596 S.E.2d 482

SOUTH CAROLINA ELECTRIC & GAS CO. and Scana Corp., Respondents, v. TOWN OF AWENDAW and Berkeley Electric Cooperative, Inc., Petitioners.

Supreme Court of South Carolina.

Heard February 5, 2004.


Attorney(s) appearing for the Case

William B. Regan and Frances I. Cantwell, of Regan and Cantwell, LLC, of Charleston; and Dwayne M. Green of Hampton Green, LLC, of Charleston, for Petitioner Town of Awendaw; and Michael A. Molony, Stephen L. Brown and Lea B. Kerrison of Young, Clement, Rivers & Tisdale, L.L.P., of Charleston, for Petitioner Berkeley Electric Cooperative, Inc.

James B. Richardson, Jr., of Richardson & Birdsong; Catherine D. Taylor of South Carolina Electric & Gas Co.'s Legal Department; and Patricia T. Smith, all of Columbia, for Respondents.

Danny C. Crowe, of the Municipal Association of South Carolina, Columbia; and James M. Brailsford, III, of Edisto Island, for Amicus Curiae.


Justice BURNETT:

We granted the petitions of Town of Awendaw (Town) and Berkeley Electric Cooperative, Inc. (BEC) for a writ of certiorari to review the Court of Appeals' decision in South Carolina Elec. & Gas Co. v. Town of Awendaw, 351 S.C. 491, 570 S.E.2d 542 (Ct.App.2002). We reverse.

FACTS

Rural electrical cooperative BEC provided service to all of Town's residents...

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