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SUNSET CAY, LLC v. CITY OF FOLLY BEACH

No. 25774.

357 S.C. 414 (2004)

593 S.E.2d 462

SUNSET CAY, LLC, Appellant, v. The CITY OF FOLLY BEACH, Respondent.

Supreme Court of South Carolina.

Decided January 27, 2004.

Rehearing Denied March 17, 2004.

Attorney(s) appearing for the Case

John M.S. Hoefer and K. Chad Burgess, both of Willoughby & Hoefer, PA, of Columbia, for appellant.

Sandra J. Senn and Stephanie P. McDonald, both of Charleston, for respondent.

Justice BURNETT:

This case presents the issue of whether a municipality is required by the state Constitution and statutes to provide sewer service to all residents when it provides such service to any resident.

FACTS

In 1983, city council of the City of Folly Beach ("City") enacted an ordinance authorizing the construction of a sewer system following approval of the plan in a voter referendum. City built a system serving the central commercial district...

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