City of Newberry v. Newberry Electric Cooperative, Inc.

I respectfully dissent. The City of Newberry annexed the property in question (the Wal-Mart property) on July 27, 1999. I agree with the majority that because Newberry Electric Cooperative was not serving the Wal-Mart property on the date of annexation, the City of Newberry had the exclusive statutory right to provide electric service to the property. In my judgment, the City lost its right to provide electric service by failing to assert its claim within the statutory period of limitations. Based on the facts and circumstances presented, the three-year statute of limitations began on July…