Carolina Power & Light Co. v. Darlington County

Finney, Justice:

Appellant Carolina Power & Light Company appeals the circuit court order granting summary judgment in favor of Respondent Darlington County. We reverse and remand.

In 1987 respondent undertook to create a fire protection district in the unincorporated areas of Darlington County pursuant to S.C. Code Ann. § 4-19-10, et seq., (1976). Respondent followed the procedure outlined in S.C. Code Ann. § 4-19-20 (1976) to establish the area as a taxing district.

In 1988 respondent amended the boundaries of the district to exclude those areas subject to a circuit court order issued in the…