City of Newberry v. Newberry Electric Cooperative, Inc.

SHULER, J.:

The City of Newberry appeals a trial court order denying its request for an injunction barring Newberry Electric Cooperative, Inc., from providing electric service to an annexed area. On en banc rehearing, we adhere to the original decision of the three-judge panel, republished herein, and reverse and remand.

FACTS/PROCEDURAL HISTORY

In February 1974, the City of Newberry annexed approximately 21.37 acres near state Highway 219 into its corporate limits. The area had been assigned in 1971 to the Newberry Electric Cooperative exclusively by the Public Service Commission (PSC) pursuant…