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Newberry v. Newberry Electric.
Date: 06-12-2002
Case Number: 3517
Judge: Shuler, J.
Court: In The Court of Appeals of South Carolina
Plaintiff's Attorney:
"_new">Robert T. Bockman, of McNair Law Firm, of Columbia; and
"_new">Eugene C. Griffith, Jr., of Rushing & Griffith, of Newberry, for appellant.
Defendant's Attorney:
"_new">Thomas H. Pope, III, of Pope and Hudgens, of Newberry, for respondent.
In February 1974, the City of Newberry annexed approximately 21.37 acres near state Highway 219 into its corporate limits. The area had been assigned in 1971 to the Newberry Electric Cooperative exclusively by the Public Service Commission (PSC) pursuant to the Territorial Assignment Act. Prior to 1991, however, the Cooperative never provided electric service to any customers in the area.
In 1999, construction began on a Burger King located in the annexed area. During construction, the City provided temporary electric service. As the restaurant neared completion, Roger Skeen, a co-owner, requested electric service from the Cooperative. Skeen, who previously had operated a Burger King within the city limits, knew the City's electric rates were approximately 40% higher than the Cooperative's.
In August 1999, a line supervisor informed Charles Guerry, the City's Utilities Director, that the Cooperative was attempting to connect service. Guerry visited the construction site and advised the Cooperative to stop the connection because the area was inside municipal limits. The Cooperative ignored Guerry's instruction and continued to connect service by dropping a line from one of its distribution poles that had been on the site for more than forty years.
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Click the case caption above for the
full text of the Court's opinion.
Reversed and Remanded.
About This Case
What was the outcome of Newberry v. Newberry Electric.?
The outcome was: The trial court erred in finding the Cooperative was authorized to provide electric service to the Burger King in the absence of the City's consent. Accordingly, we reverse the court's declaratory judgment in the Cooperative's favor, and remand for entry of an order enjoining the Cooperative from providing such service. Reversed and Remanded.
Which court heard Newberry v. Newberry Electric.?
This case was heard in In The Court of Appeals of South Carolina, SC. The presiding judge was Shuler, J..
Who were the attorneys in Newberry v. Newberry Electric.?
Plaintiff's attorney: Robert T. Bockman, of McNair Law Firm, of Columbia; and Eugene C. Griffith, Jr., of Rushing & Griffith, of Newberry, for appellant.. Defendant's attorney: Thomas H. Pope, III, of Pope and Hudgens, of Newberry, for respondent..
When was Newberry v. Newberry Electric. decided?
This case was decided on June 12, 2002.