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CAROLINA WATER v. LEXINGTON COUNTY

No. 26306.

373 S.C. 96 (2007)

644 S.E.2d 681

CAROLINA WATER SERVICE, INC., Petitioner, v. LEXINGTON COUNTY JOINT MUNICIPAL WATER AND SEWER COMMISSION, Respondent. Town of Lexington, Petitioner, v. Lexington County Joint Municipal Water and Sewer Commission, Respondent. Carolina Water Service, Inc., Petitioner, v. Lexington County Joint Municipal Water and Sewer Commission, Respondent. Town of Lexington, Petitioner, v. Lexington County Joint Municipal Water and Sewer Commission, Respondent. Town of Lexington, Petitioner, v. Lexington County Joint Municipal Water and Sewer Commission, Respondent. Lexington County Joint Municipal Water and Sewer Commission, Condemnor, Respondent, v. Carolina Water Service, Inc., Utilities, Inc., Landowners, Petitioners, Town of Lexington, Other Condemnee, Petitioners. Unknown Claimants. Carolina Water Service, Inc., Petitioner, v. Lexington County Joint Municipal Water and Sewer Commission, Respondent.

Supreme Court of South Carolina.

Decided April 9, 2007.

Rehearing Denied May 23, 2007.

Attorney(s) appearing for the Case

Clifford O. Koon, Jr., of Moses Koon & Brackett, PC, of Columbia; John M.S. Hoefer, Paige J. Gossett, and K. Chad Burgess, all of Willoughby & Hoefer, PA, of Columbia; and Timothy E. Madden, of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Petitioners.

Joel W. Collins, Jr., and William A. Bryan, Jr., both of Collins & Lacy, of Columbia; and Nikki G. Setzler, of Setzler & Scott, PA, of W. Columbia, for Respondents.

PER CURIAM.

This case arises out of a petition for a writ of certiorari to review the Court of Appeals' decision in Carolina Water Svc. Inc. v. Lexington County Joint Municipal Water and Sewer Comm'n, 367 S.C. 141, 625 S.E.2d 227 (2006). We hereby grant the petition, dispense with further briefing, and reverse the Court of Appeals' decision.

Respondent instituted a condemnation action...

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