Civil Action No.: 2001-CP-32-0711 Carolina Water Service, Inc. v. Lexington County Joint Municipal Water & Sewer Commission

This case arises out of a condemnation action initiated by Lexington County Joint Municipal Water and Sewer Commission (Joint Commission) to acquire certain facilities owned by Carolina Water Service (Carolina Water) and Utilities, Inc. (Utilities). In response, Carolina Water, Utilities and the Town of Lexington (Town) filed actions challenging the Joint Commission’s right to condemn these systems (Challenge Actions). Carolina Water then sought to stay the condemnation proceeding pursuant to section 28-2-470 of the South Carolina Code (1991). The circuit court issued an order staying both…