City of Newberry v. Newberry Electric Cooperative, Inc.

In this case, we granted a writ of certiorari to review the court of appeals’ decision holding that the Newberry Electric Cooperative, Inc. (Cooperative) could provide electric service to an area annexed by the City of Newberry (City). We reverse and remand.

*256Facts/Procedtjral Background

This case concerns which electric provider, the City or the Cooperative, has the legal right to provide service to approximately 26 acres of land. When Wal-Mart began negotiations to construct a store on this site, the area was assigned to the Cooperative by the Public Service Commission (PSC), but the…