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CLARENDON COUNTY v. TYKAT, INC.

No. 27025.

394 S.C. 21 (2011)

714 S.E.2d 305

CLARENDON COUNTY, South Carolina, through the CLARENDON COUNTY ASSESSOR, Respondent/Appellant, v. TYKAT, INC., Appellant/Respondent.

Supreme Court of South Carolina.

Decided August 15, 2011.

Attorney(s) appearing for the Case

Ian S. Ford , of Green Ford & Wallace, of Charleston, and William C. Coffey, Jr. , and Ray E. Chandler , of Coffey Chandler Kent & McKenzie, P.A., of Manning, for Appellant/Respondent.

David W. Epperson , of Manning, and Michael E. Kozlarek and Walter H. Cartin , of Parker Poe Adams & Bernstein, LLP, of Columbia, for Respondent/Appellant.

Justice KITTREDGE:

This is a consolidated appeal from an ad valorem tax assessment. Tykat, Inc., appeals the Administrative Law Court's decision upholding Clarendon County's tax assessment on real property Tykat leased from the South Carolina Public Service Authority. Tykat contends the leased property was exempt from tax because the South Carolina Public Service Authority is constitutionally exempt from paying taxes and because Tykat's use of the property may be...

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