Legal Opinion

Broad River Electric Cooperative, Inc. v. Board of Public Works

Supreme Court of South Carolina

Decided July 24, 1995No. 24286Published

1Opinion of the Court

Waller, Justice:

The Board of Public Works of the City of Gaffney (Gaffney) appeals three orders holding it in contempt. We hold Circuit Court was -without subject matter jurisdiction over the matter and, accordingly, the orders are vacated.

FACTS

In 1985, Gaffney extended electric service (1985 Line) to a customer in an area unassigned to any other electric supplier. The Public Service Commission (PSC) approved the extension; this Court reversed the PSC, finding a Certificate of Public Convenience prerequisite to Gaffney’s extension of service. Duke Power Co. v. Public Service Commission, 300…

2Cases cited4 opinions

  1. Anderson v. AndersonSupreme Court of South Carolina · 1989
  2. Hoover v. HooverSupreme Court of South Carolina · 1978
  3. Duke Power Co. v. Public Service CommissionSupreme Court of South Carolina · 1989
  4. Hamm v. South Carolina Public Service CommissionSupreme Court of South Carolina · 1992

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