City of Camden v. Fairfield Electric Cooperative, Inc.

Justice WALLER:

This is an appeal from an order of the circuit court granting the City of Camden summary judgment and holding that Fairfield Electric Cooperative, Inc. has no legal authority to provide electric service to a newly constructed Lowe’s Store located in an area recently annexed by city. We affirm.

FACTS

This case involves a 12.981 acre tract of land, originally located just outside the city limits of Camden, SC, which was owned by Town and Country, Inc. In early 2002, Town and Country began negotiating to sell the property to Lowe’s for construction of a Lowe’s store. In the summer…