Carolina Water Service, Inc. v. Lexington County Joint Municipal Water & Sewer Commission

644 S.E.2d 681, 373 S.C. 96

• Court: Supreme Court of South Carolina
• Decided: April 9, 2007
• Docket: 26306
• Status: Published

Opinion

PER C.URIAM.

This case arises out of a petition for a writ of certiorari to review the Court of Appeals’ decision in Carolina Water Svc. Inc. v. Lexington County Joint Municipal Water and Sewer Comm’n, 367 S.C. 141, 625 S.E.2d 227 (2006). We hereby grant the petition, dispense with further briefing, and reverse the Court of Appeals’ decision.

Respondent instituted a condemnation action against petitioners, and petitioners filed an action challenging respondent’s right to condemn the property. The circuit court issued an order staying both the condemnation action and petitioners’ challenge action pending the resolution of a related case before the South Carolina Administrative Law Court. After the Administrative Law Judge issued a decision, the circuit court lifted the stay of petitioners’ action. Petitioners filed an appeal with the Court of Appeals. Relying on Hiott v. Contracting Svcs., 276 S.C. 632, 281 S.E.2d 224 (1981), the Court of Appeals held an order lifting a stay is immediately appealable.

Subsequently, this Court decided Edwards v. SunCom, 369 S.C. 91, 631 S.E.2d 529 (2006), in which we held an order granting a stay was not immediately appealable. Additionally, we explicitly overruled Hiott v. Contracting Svcs., supra, and Carolina Water Svc., supra, to the extent they were inconsistent with Edwards, supra.

Accordingly, we hereby reverse the Court of Appeals’ decision in this matter since the order on appeal was not immediately appealable.

REVERSED.

MOORE, A.C.J., WALLER, BURNETT and PLEICONES, JJ., concur. TOAL, C. J., not participating.