Touchberry v. City of Florence

Ness, Chief Justice:

Appellant (Owner) contends the trial court erred in failing to mandamus the respondents to pro vide, him with water and sewer service. We find that Owner is a third party beneficiary of a service contract between respondent City of Florence (City) and Florence County and is entitled to the writ. We reverse.

Owner lives in Florence County on property which is partially contiguous to the City. City has long had an ordinance requiring annexation of contiguous property as a condition for receiving City services and utilities.

Florence County Council (Council) created a municipal…