CITY OF NEWBERRY v. NEWBERRY ELEC.

No. 26795.

387 S.C. 254 (2010)

692 S.E.2d 510

CITY OF NEWBERRY, Petitioner, v. NEWBERRY ELECTRIC COOPERATIVE, INC., and Wal-Mart Stores East, L.P., and Wal-Mart Real Estate Business Trust, Respondents.

Supreme Court of South Carolina.

Decided April 5, 2010.

Rehearing Denied May 14, 2010.


Attorney(s) appearing for the Case

Robert T. Bockman, of McNair Law Firm, of Columbia, for Petitioner.

Frank R. Ellerbe, III and Bonnie D. Shealy, both of Robinson, McFadden & Moore, of Columbia; Thomas H. Pope, III and Kyle B. Parker, both of Pope and Hudgens, of Newberry, for Respondents.

James M. Brailsford, III, of Edisto Island, for Amicus Curiae Municipal Association of South Carolina and the South Carolina Association of Municipal Power Systems.


Chief Justice TOAL:

In this case, we granted a writ of certiorari to review the court of appeals' decision holding that the Newberry Electric Cooperative, Inc. (Cooperative) could provide electric service to an area annexed by the City of Newberry (City). We reverse and remand.

FACTS/PROCEDURAL BACKGROUND

This case concerns which electric provider, the City or the Cooperative, has the legal right to...

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