Carolina Power & Light Co. v. Town of Pageland

Waller, Justice:

The Town of Pageland (Pageland) and Lynches river Electric Co-operative (Co-op) appeal a circuit court order granting Respondent, Carolina Power and Light (CP&L) summary judgment. We affirm in part, reverse in part.

FACTS

CP&L has been supplying electricity in Pageland since 1925. Co-op began providing electric service in 1939, at a time when Pageland was defined as a “rural” 1 community. In 1949, Pageland annexed an area in which Co-op had existing lines. In 1981, Pageland gave CP&L an indeterminate permit to provide service within its boundaries. By the 1990 census, Pageland…