annexation exception (South Carolina) · Go Syfert
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annexation exception in South Carolina

8 South Carolina opinions name it 2 courts 2001–2018 0 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
St. Andrews Public Service District v. City of Charlestongreen
sc · 2002 · cited in 2 South Carolina opinions naming this issue, 2011–2018
2 sentences

2018Andrews Public Service District, 349 S.C. at 605 , 564 S.E.2d at 648 (overruling the Quinn rule that a stranger to an annexation may challenge the annexation if the ordinance is "absolutely void").

2018Andrews Public Service District, 349 S.C. at 605 , 564 S.E.2d at 648 (overruling the Quinn rule that a stranger to an annexation may challenge the annexation if the ordinance is "absolutely void").

22
City of Camden v. Fairfield Electric Cooperative, Inc.green
sc · 2007 · cited in 2 South Carolina opinions naming this issue, 2008–2010
2 sentences

2008Co-op., Inc. , 372 S.C. 543, 643 S.E.2d 687 (2007), the supreme court affirmed the application of the definition of premises from section 58-27-610(2) to the annexation exception.

2008Co-op., Inc. , 372 S.C. 543, 643 S.E.2d 687 (2007), the supreme court affirmed the application of the definition of premises from section 58-27-610(2) to the annexation exception.

12
Duke Power Co. v. Laurens Electric Cooperative, Inc.green
scctapp · 2001 · cited in 1 South Carolina opinions naming this issue, 2003–2003
2 sentences

2003These exceptions, the annexation exception and the principal supplier exception, are found in the following language from the RECA: *574 [T]he act of incorporating or annexing into a city or town an area in which the cooperative is serving shall constitute the consent of the governing body of such city or town for the cooperative to continue serving all premises then being served and to serve additional premises within such area until such time as the governing body of the city or town shall direct otherwise and such cooperative is empowered to so serve, but it shall not extend service to any

2003These exceptions, the annexation exception and the principal supplier exception, are found in the following language from the RECA: *574 [T]he act of incorporating or annexing into a city or town an area in which the cooperative is serving shall constitute the consent of the governing body of such city or town for the cooperative to continue serving all premises then being served and to serve additional premises within such area until such time as the governing body of the city or town shall direct otherwise and such cooperative is empowered to so serve, but it shall not extend service to any

11
Carolina Power & Light Co. v. Town of Pagelandgreen
sc · 1996 · cited in 1 South Carolina opinions naming this issue, 2003–2003
2 sentences

2003See § 33-49-250(1); Carolina Power, 321 S.C. at 543 , 471 S.E.2d at 140 (“[T]he intent of the [Legislature in adopting the annexation exception was to permit co-ops to continue to serve existing customers and not require ouster of a co-op due solely to a city’s annexation.”).

2003See § 33-49-250(1); Carolina Power, 321 S.C. at 543 , 471 S.E.2d at 140 (“[T]he intent of the [Legislature in adopting the annexation exception was to permit co-ops to continue to serve existing customers and not require ouster of a co-op due solely to a city’s annexation.”).

11
City of Abbeville v. Aiken Electric Cooperative, Inc.green
sc · 1985 · cited in 1 South Carolina opinions naming this issue, 2001–2001
2 sentences

2001See also Abbeville, 287 S.C. at 369 , 338 S.E.2d at 835 .

2001See also Abbeville, 287 S.C. at 369 , 338 S.E.2d at 835 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
City of Newberry v. Newberry Electric Cooperative, Inc. green
scctapp · 2003
1 sentence

2008Id. (quoting S.C. Code Ann. § 33-49-250(1)).

12008–2008
State v. McKnight green
sc · 2003
1 sentence

2007As noted in City of Newberry, “although the annexation exception also implies consent for cooperatives to serve additional premises, i.e., new customers, within an annexed area, the statute expressly limits a cooperative’s authority to provide new or increased service by allowing it only until such time as the governing body of the city or town shall direct otherwise....” 352 S.C. at 576 , 575 S.E.2d at 86.

12007–2007
Quinn v. City of Columbia red
sc · 1991
1 sentence

2002Despite the lack of statutory standing, the Court of Appeals found respondent had standing under our decision in Quinn v. City of Columbia, supra. In Quinn , we adopted a rule that permitted a “stranger” to the annexation to challenge that proceeding if the annexation ordinance was “ ‘absolutely void’, i.e. not authorized by law....” Id. at 407 , 401 S.E.2d at 166-167 .

12002–2002

Statutes the citing opinions construe

SC § S.C. Code Ann. § 33-49-250 (4) SC § S.C. Code Ann. § 33-49-10 (3) SC § S.C. Code Ann. § 5-3-150 (3) SC § S.C. Code Ann. § 58-27-670 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

SC 8 (2001–2018) OH 8 (1983–2023) TX 4 (2001–2023) IL 3 (1984–2022) CO 2 (2021–2021) NY 2 (1891–2008) NV 2 (1990–2014) WY 2 (1988–2024) OR 2 (1979–1999)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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