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

The majority finds that the trial judge abused his discretion in denying SCE&G’s motion to intervene. I respectfully disagree.

*193This conflict is a contractual dispute between Berkeley-Electric and Mount Pleasant concerning the validity of then-franchise agreement. The agreement pertains solely to the rights between those parties which can be determined without the intervention of SCE&G.

The majority applies the Sagebrush Rebellion four-prong test to the motion. Excluding the first prong, from which no disagreement arises, the trial judge properly considered the appellant’s possible avenues of…