Gressette v. South Carolina Electric & Gas Co.

Justice MOORE:

Appellants (Landowners) commenced this class action against respondent (SCE & G) for trespass, unjust enrichment, an injunction, and declaratory judgment. Landowners claim SCE & G’s conveyance of excess capacity on its fiber optic cables was an improper use of the electric easements granted by Landowners to SCE & G. The trial judge granted SCE & G’s motion to dismiss under Rule 12(b)(6), SCRCP. We reverse.

FACTS

A motion to dismiss pursuant to Rule 12(b)(6) must be based solely on the allegations set forth in the complaint and *379we must presume all well-pled facts to be true.…