City of Aiken v. Aiken Electric Cooperative, Inc.

Finney, Justice:

This is an appeal from a circuit court order denying Appellant Aiken Electric Cooperative, Inc.’s (Aiken Electric) Motion to Dismiss and granting Respondent City of Aiken’s (City) Motion for Summary Judgment. We affirm.

Portions of Aiken Electric’s service area included territory newly annexed into the City, and it sought a franchise to serve new customers in these areas. The City denied the request and passed ordinances restricting the service area of Aiken Electric.

On February 14,1990, Respondent South Carolina Electric & Gas (SCE&G) instituted an action before the Public…