North Charleston Sewer Dist. v. Berkeley Cnty.

• Decision Date: 24 February 2005
• Docket Number: 2005-UP-138
• Parties: North Charleston Sewer District, Appellant, v. Berkeley County, South Carolina acting by and through the Berkeley County Water and Sanitation Authority, Respondent.
• Court: South Carolina Court of Appeals

North Charleston Sewer District, Appellant, v. Berkeley County, South Carolina acting by and through the Berkeley County Water and Sanitation Authority, Respondent.

No. 2005-UP-138

Court of Appeals of South Carolina

February 24, 2005

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

Heard December 8, 2005

Appeal From Berkeley County R. Markley Dennis, Jr., Circuit Court Judge

Steve A. Matthews, Hamilton Osborne, Jr., and Sarah P. Spruill, all of Columbia, for Appellant.

Arnold S. Goodstein, of Summerville, and Lucas C. Paddgett, Jr., and Michael C. Scarafile, both of Charleston, for Respondent.

PER CURIAM

North Charleston Sewer District appeals the circuit court's grant of summary judgment in favor of Berkeley County arguing the court erred by refusing to strike certain provisions of the parties' sewer service agreement and consent order as ultra vires and void as against public policy. Because this litigation does not present a justiciable controversy, we vacate the trial court's order.

FACTS AND PROCEDURAL HISTORY

In 1985, the North Charleston Sewer District (the District) entered into a service agreement with the Berkeley County Water and Sanitation Authority (the County) to operate the wastewater management system for certain subdivisions in Berkeley County. The contract required the District and the County to obtain written permission from one another before expanding service beyond their primary jurisdictions. In 1994, Berkeley County brought a declaratory judgment action to interpret the agreement, alleging the District breached it by providing service to a naval base in Berkeley County without requesting or obtaining written permission from the County. By a consent order, the parties agreed to allow the District to continue serving the base, required the District to inform the County in writing when it received a request for sewer service in Berkeley County and in the future obtain written permission before providing additional service outside its primary jurisdiction.

In 1998, the District brought a declaratory judgment action requesting a modification of the consent order and the original service agreement to eliminate any requirement for written permission prior to their expanding sewer service within Berkeley County, arguing the supreme court's decision in City of Beaufort v. Beaufort-Jasper County Water & Sewer Auth., 325 S.C. 174, 480 S.E.2d 728 (1997), declared such a provision ultra vires and void as against public policy. The parties stipulated the pertinent facts and made cross motions for summary judgment. The circuit court granted summary judgment in favor of the County, determining the permission requirement was valid and enforceable even though it bound the District's future governing boards, because it did not substantially compromise the District's primary function of providing wastewater management to North Charleston. The court also found the provision did not offend the supreme court's decision in Beaufort because it did not delegate away those powers and responsibilities for which District was created-namely, to provide sewer service to the northern part of Charleston County.

DISCUSSION

The District contends the circuit court erred by granting summary judgment in favor of the County, arguing provisions in the parties' service agreement and the consent order impermissibly bind its future governing boards and substantially compromise the District's central and primary function, contrary to our supreme court's decision in City of Beaufort v. Beaufort-Jasper County Water & Sewer Auth., 325 S.C. 174, 480...