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GRESSETTE v. SC ELEC. AND GAS CO.

No. 26203.

370 S.C. 377 (2006)

635 S.E.2d 538

Douglas E. GRESSETTE and Mark E. Rudd, on behalf of other persons similarly situated, Appellants, v. SOUTH CAROLINA ELECTRIC AND GAS COMPANY (SCE & G), Respondent.

Supreme Court of South Carolina.

Decided October 2, 2006.

Rehearing Denied October 2, 2006.

Attorney(s) appearing for the Case

William L. Want, of Charleston, and Guyte P. McCord III, of McCord, Busbey & Ketchum, L.L.P., of Tallahassee, FL, for appellants.

John M.S. Hoefer, Mitchell Willoughby, and Noah M. Hicks II, of Willoughby & Hoefer, P.A., of Columbia; John A. Massalon, of Will & Massalon, L.L.C., of Charleston; Stephen A. Spitz, of Charleston; and John M. Mahon, Jr., of SCANA Corporation, of Columbia, for respondent.

Justice MOORE:

Appellants (Landowners) commenced this class action against respondent (SCE & G) for trespass, unjust enrichment, an injunction, and declaratory judgment. Landowners claim SCE & G's conveyance of excess capacity on its fiber optic cables was an improper use of the electric easements granted by Landowners to SCE & G. The trial judge granted SCE & G's motion to dismiss under Rule 12(b)(6), SCRCP. We reverse.

FACTS

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