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CIV. ACT. NO.: 2001-CP-32-0711 v. LEX.

No. 4047.

367 S.C. 141 (2005)

625 S.E.2d 227

CIVIL ACTION NO.: 2001-CP-32-0711 CAROLINA WATER SERVICE, INC., Appellant, v. LEXINGTON COUNTY JOINT MUNICIPAL WATER AND SEWER COMMISSION, Respondent. Civil Action No.: 2001-CP-32-0819 Town of Lexington, Appellant, v. Lexington County Joint Municipal Water and Sewer Commission, Respondent. Civil Action No.: 2001-CP-32-1527 Carolina Water Service, Inc., Appellant, v. Lexington County Joint Municipal Water and Sewer Commission, Respondent. Civil Action No.: 2001-CP-32-1534 Town of Lexington, Appellant, v. Lexington County Joint Municipal Water and Sewer Commission, Respondent. Civil Action No.: 2002-CP-32-0036 Town of Lexington, Appellant, v. Lexington County Joint Municipal Water and Sewer Commission, Respondent. Civil Action No.: 2002-CP-32-0078 Lexington County Joint Municipal Water and Sewer Commission, Condemnor, Respondent, v. Carolina Water Service, Inc., Utilities, Inc., Landowners, Appellants, Town of Lexington, Other Condemnee, Appellants. Unknown Claimants Civil Action No.: 2002-CP-32-0083 Carolina Water Service, Inc., Appellant, v. Lexington County Joint Municipal Water and Sewer Commission, Respondent.

Court of Appeals of South Carolina.

Decided November 21, 2005.

Withdrawn, Substituted and Refiled January 20, 2006.

Rehearing Denied January 20, 2006.

Attorney(s) appearing for the Case

Clifford O. Koon, Jr., K. Chad Burgess, Paige J. Gossett, John M.S. Hoefer, all of Columbia and Timothy E. Madden, of Greenville, for Appellants.

Joel W. Collins, Jr. and William A. Bryan, Jr. both of Columbia and Nikki G. Setzler, of West Columbia, for Respondents.

PER CURIAM:

This case arises out of a condemnation action initiated by Lexington County Joint Municipal Water and Sewer Commission (Joint Commission) to acquire certain facilities owned by Carolina Water Service (Carolina Water) and Utilities, Inc. (Utilities). In response, Carolina Water, Utilities and the Town of Lexington (Town) filed actions challenging the Joint Commission's right to condemn these systems (Challenge Actions). Carolina Water then sought to stay...

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