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SAUNER v. PUBLIC SERV. AUTH.

No. 25648.

354 S.C. 397 (2003)

581 S.E.2d 161

Dennis SAUNER, Cliff Derreth, Joanne Derreth, Timothy James McClelland, Robert Keith Brown, III, Darlene M. Hesseltine as attorney-in-fact for Curtis L. Hesseltine, Robert C. Hodge, Barney R. Atkinson, Richard L. Huggins, Ann Weeks Huggins, R. Donald Crews, Steven V. Foster, Charles H. Andrews, Robert Austin, and Edith Austin, on behalf of the residential, commercial, and all other leaseholders of property owned and leased by Santee Cooper, Plaintiffs, of whom Dennis Sauner, Cliff Derreth, Timothy James McClelland, Robert Keith Brown, III, Darlene M. Hesseltine as attorney-in-fact for Curtis L. Hesseltine, Robert C. Hodge, Barney R. Atkinson, Richard L. Huggins, Ann Weeks Huggins, R. Donald Crews, Steven V. Foster, and Charles H. Andrews are the Appellants, v. PUBLIC SERVICE AUTHORITY OF SOUTH CAROLINA, d/b/a Santee Cooper, Respondent.

Supreme Court of South Carolina.

Decided May 12, 2003.

Attorney(s) appearing for the Case

Bradford P. Simpson, D. Michael Kelly, B. Randall Dong, all of Suggs & Kelly, P.A., of Columbia; John E. Parker, of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Hampton; and Reta S. Hampton, of Marietta, GA, all for Appellants.

B. Rush Smith, III, William C. Hubbard, Kevin A. Hall, C. Mitchell Brown, all of Nelson, Mullins, Riley & Scarborough, of Columbia; and Charles H. Williams and C. Bradley Hutto, of Williams & Williams, of Orangeburg, for Respondent.

Chief Justice TOAL:

Appellants appeal from the trial court's grant of summary judgment in favor of Respondent.

FACTUAL/ PROCEDURAL BACKGROUND

Respondent, South Carolina Public Service Authority ("Santee Cooper"), was established in 1934 to develop the Congaree, Cooper, and Santee Rivers as a public utility.1 Santee Cooper acquired 210,000 acres for this purpose, and flooded approximately...

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