Calcaterra v. City of Columbia
| Decision Date | 21 June 1993 |
| Docket Number | No. 2034,2034 |
| Parties | Cecilia CALCATERRA and Ronald Calcaterra, Appellants, v. CITY OF COLUMBIA, Respondent. |
| Court | South Carolina Court of Appeals |
S. Jahue Moore, of Kirkland, Wilson, Moore, Allen, Deneen & Taylor, West Columbia, for appellants.
James S. Meggs and Roy D. Bates, Columbia, for respondent.
The circuit court reversed the order of the magistrate and held that the City of Columbia did not violate the South Carolina Unfair Trade Practices Act (SCUTPA), S.C.Code Ann. Sections 39-5-10 et seq. (1976), and did not breach its contract with the Calcaterras in charging them more for water than it charged residents within the corporate limits. The Calcaterras appeal. We affirm. 1
The Columbia City Council sets the water rates to be charged. It is undisputed that the rate charged non-residents is higher than that charged residents.
The State Constitution vests Columbia with the right to acquire and operate public utilities, including water service. S.C. Const. art. VIII, § 16; S.C. Const. of 1895, art. 8, § 5 (). This right may be further implemented by legislation, but it may not be withdrawn or limited. F.W. Sossamon v. Greater Gaffney Metropolitan Utilities Area, 236 S.C. 173, 113 S.E.2d 534 (1960) (). The furnishing of water to residents and non-residents is a governmental function, and the State makes no distinction between the proprietary and governmental functions of municipalities. Looper v. City of Easley, 172 S.C. 11, 172 S.E. 705 (1934), overruled on other grounds by McCall by Andrews v. Batson, 285 S.C. 243, 329 S.E.2d 741 (1985) (abolishing sovereign immunity). The Supreme Court has held that the municipal governing body in setting rates for services outside the corporate limits is to be guided by the best interests of the municipality and has an obligation to sell surplus water for the highest price obtainable. Childs v. City of Columbia, 87 S.C. 566, 70 S.E. 296 (1911) ().
South Carolina Code Ann. § 5-7-60 (1976) provides:
Any municipality may perform any of its functions, furnish any of its services ... and make charges therefor ... in areas outside the corporate limits of such municipality by contract with any individual....
South Carolina Code Ann. § 5-31-1910 (1976) provides:
Any city or town in this State owning a water or light plant may, through the proper officials of such city or town, enter into a contract with any person without the corporate limits of such city or...
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Century Aluminum of S.C., Inc. v. S.C. Pub. Serv. Auth., Civil Action No. 2:17–274–RMG
...because state statutes allowed the city to set rates for services provided outside its corporate limits. Calcaterra v. City of Columbia, 315 S.C. 196, 432 S.E.2d 498, 499–500 (1993). Similarly, here, Century challenges the price a public corporation charges for services where a statute allo......
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...or restriction by general assembly limits courts' role to reviewing resident rates for reasonableness); Calcaterra v. City of Columbia, 315 S.C. 196, 432 S.E.2d 498 (S.C.Ct.App.1993).8 The appropriator or his successor in interest may, however, file for an extension of time with the state e......
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City of Beaufort v. Beaufort-Jasper County Water and Sewer Authority
...172 S.E. 705 (1934), overruled on other grounds by McCall v. Batson, 285 S.C. 243, 329 S.E.2d 741 (1985); Calcaterra v. City of Columbia, 315 S.C. 196, 432 S.E.2d 498 (Ct.App.1993); cf. G. Curtis Martin Invest. Trust v. Clay, 274 S.C. 608, 266 S.E.2d 82 (1980) (implying that the provision o......
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Sloan v. City of Conway, 25374.
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South Carolina. Practice Text
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