Berkeley Electric Cooperative, Inc. v. Town of Mount Pleasant

Harwell, Chief Justice:

Appellants Town of Mount Pleasant (Mount Pleasant) and South Carolina Electric & Gas Company (SCE&G) assert that the trial judge erred in upholding an agreement entered into by Mount Pleasant and respondent Berkeley Electric Cooperative, Inc. (Berkeley) in 1982. We agree and reverse.

I. FACTS

Berkeley distributes electrical power to customers in Charleston, Berkeley, and Dorchester counties. On October 7, 1982, Berkeley and Mount Pleasant entered into an agreement in which they agreed, among other things, that Berkeley would be “permitted to continue and extend the…