historical test (South Carolina) · Go Syfert
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historical test in South Carolina

6 South Carolina opinions name it 1 courts 1984–2021 1 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 (3)

CaseFollowedCited
Porter v. South Carolina Public Service Commissiongreen
sc · 1997 · cited in 1 South Carolina opinions naming this issue, 2021–2021
2 sentences

2021Underlying Facts The Court has previously "approved the historical test year as a basis for calculating a utility's rate base so long as adjustments are made for any known and measurable out-of-period changes in expenses, revenues, and investments that would materially alter the rate base." Porter, 328 S.C. at 228–29, 493 S.E.2d at 96 (explaining the concept of the historical test year in more detail).

2021Underlying Facts The Court has previously "approved the historical test year as a basis for calculating a utility's rate base so long as adjustments are made for any known and measurable out-of-period changes in expenses, revenues, and investments that would materially alter the rate base." Porter, 328 S.C. at 228–29, 493 S.E.2d at 96 (explaining the concept of the historical test year in more detail).

11
Snow Basin, Ltd. v. Boettcher & Co.green
coloctapp · 1990 · cited in 1 South Carolina opinions naming this issue, 2020–2020
1 sentence

2020Co., 805 P.2d 1151, 1154 (Colo. App. 1990) (money damages sought on promissory estoppel claim)."); Kim v. Dean, 135 P.3d 978, 981 (Wash. Ct. App. 2006) ("Under the historical test, Washington courts determine the overall nature of an action by 'look[ing] to see whether the claims in question were within the exclusive jurisdiction of the equity courts when the state constitution was adopted in 1889.'" (alteration in original) (citation omitted)).

11
Kim v. Deangreen
washctapp · 2006 · cited in 1 South Carolina opinions naming this issue, 2020–2020
1 sentence

2020Co., 805 P.2d 1151, 1154 (Colo. App. 1990) (money damages sought on promissory estoppel claim)."); Kim v. Dean, 135 P.3d 978, 981 (Wash. Ct. App. 2006) ("Under the historical test, Washington courts determine the overall nature of an action by 'look[ing] to see whether the claims in question were within the exclusive jurisdiction of the equity courts when the state constitution was adopted in 1889.'" (alteration in original) (citation omitted)).

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
Southern Bell Telephone & Telegraph Co. v. Public Service Commission green
sc · 1978
2 sentences

1990We reject this argument, as we can imagine contexts in which it would be entirely inappropriate for the PSC to refuse to consider a future event when adjusting rates. 2 Moreover, in Southern Bell v. The Public Service Commission, 270 S.C. 590 , 244 S.E. (2d) 278 (1978), we approved the historical test year as a basis for calculating a utility’s rate base, as long as adjustments were made for any known and measurable out-of-period changes in expenses, revenues and investments which would materially alter the rate base.

1990We reject this argument, as we can imagine contexts in which it would be entirely inappropriate for the PSC to refuse to consider a future event when adjusting rates. 2 Moreover, in Southern Bell v. The Public Service Commission, 270 S.C. 590 , 244 S.E. (2d) 278 (1978), we approved the historical test year as a basis for calculating a utility’s rate base, as long as adjustments were made for any known and measurable out-of-period changes in expenses, revenues and investments which would materially alter the rate base.

21984–1990
Tall Tower, Inc. v. South Carolina Procurement Review Panel green
sc · 1987
2 sentences

2013In answering this question, our prior decision in Tall Tower, Inc. v. South Carolina Procurement Review Panel, 294 S.C. 225 , 363 S.E.2d 683 (1987), is particularly instructive.

2013In answering this question, our prior decision in Tall Tower, Inc. v. South Carolina Procurement Review Panel, 294 S.C. 225 , 363 S.E.2d 683 (1987), is particularly instructive.

12013–2013
Irving Houston Hawkins v. Franklin Freeman green
ca4 · 1999
1 sentence

2013In articulating the precise right that section 23-3-540(0 infringes, Dykes frames it as the right “to be let alone.” However, in determining whether the right at stake is fundamental, we must first make “a ‘careful description’ of the asserted liberty right or interest [to] avoid[ ] overgeneralization in the historical inquiry.” Hawkins, 195 F.3d at 747 .

12013–2013

Where else courts name it

CA 85 (1962–2026) OR 83 (1945–2025) IL 57 (1978–2026) WA 38 (1984–2026) TX 32 (1971–2025) MI 27 (1971–2025) UT 27 (1991–2025) NJ 26 (1964–2024) WI 26 (1976–2022) PA 25 (1973–2024) CT 22 (1974–2017) NM 21 (1982–2025) FL 20 (1959–2025) NY 18 (1881–2023) IN 18 (1984–2025) GA 16 (1986–2025) OH 16 (1996–2025) MD 13 (1949–2022) LA 10 (1955–2016) AZ 10 (1970–2012) KS 9 (1968–2026) MO 9 (1988–2018) NC 9 (1976–2025) DE 8 (1977–2025) OK 8 (1958–2008) CO 8 (1987–2014) IA 7 (2001–2025) WV 7 (1974–2017) VA 7 (1996–2025) DC 7 (1980–2026) VT 6 (1988–2021) SC 6 (1984–2021) AR 5 (1988–2019) MN 5 (1991–2023) RI 5 (1981–2017) MT 4 (2016–2024) WY 4 (1990–2007) KY 4 (1978–2026) ID 4 (1976–2008) NV 3 (1989–2024) TN 3 (1994–2022) AL 3 (1993–1996) MA 3 (2012–2025) MS 3 (1985–1993) HI 3 (1982–2005) ME 3 (1976–2022) SD 2 (2009–2020) ND 2 (1980–1986) VI 2 (1979–2015) NH 2 (2004–2019)

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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