Spartanburg Sanitary Sewer District v. City of Spartanburg

321 S.E.2d 258, 283 S.C. 67, 1984 S.C. LEXIS 349
CourtSupreme Court of South Carolina
DecidedAugust 21, 1984
Docket22159
StatusPublished
Cited by12 cases

This text of 321 S.E.2d 258 (Spartanburg Sanitary Sewer District v. City of Spartanburg) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spartanburg Sanitary Sewer District v. City of Spartanburg, 321 S.E.2d 258, 283 S.C. 67, 1984 S.C. LEXIS 349 (S.C. 1984).

Opinion

Gregory, Justice:

These two actions were consolidated for purposes of appeal. We affirm as modified the Order of the circuit court in Spartanburg Sanitary Sewer District v. The City of Spartan-burg. We reverse the Order of the circuit court in The City of Spartanburg v. Spartanburg Sanitary Sewer District.

I.

Respondent Spartanburg Sanitary Sewer District (the Sewer District) brought this action seeking a permanent injunction enjoining appellant City of Spartanburg (City) from constructing sanitary sewer construction lines outside its city limits and seeking a declaration of the rights, status, duties, and responsibilities of the parties. The City counterclaimed, seeking, among other things, an accounting, an injunction enjoining the Sewer District from using general funds for special purposes, and a holding that Act 1503 of the 1970 Acts and Joint Resolutions of the General Assembly is unconstitutional. The circuit court granted the Sewer District’s motion for summary judgment, holding the City could not extend its collector lines to areas located outside its city limits, and dismissed the City’s counterclaim. We affirm, as modified.

MOTION FOR SUMMARY JUDGMENT

The Sewer District moved for summary judgment requesting the court to hold as a matter of law the City was without authority to provide sanitary sewer collection service to areas or persons outside its corporate boundaries unless such services were performed pursuant to contract with the Sewer District and to enjoin the City from doing so. The court granted the motion.

The City argues the court erred in granting the Sewer District’s motion for summary judgment. We disagree.

“Summary judgment is not proper unless it is perfectly clear that no issue of fact is involved and inquiry into the facts is not desirable to clarify the application of the law.” Crescent [72]*72Company of Spartanburg, Inc. v. Insurance Company of North America, 266 S. C. 598, 225 S. E. (2d) 656, 659 (1976).

The City contends S. C. Code Ann. § 5-7-60 (1976) gives it the authority to extend its collection lines to areas outside its corporate limits. We disagree.

Section 5-7-60 provides in part;

Any municipality may perform any of its functions, furnish any of its services ... in areas outside the corporate limits of such municipality by contract with any individual, corporation, state or political subdivision or agency thereof... subject always to the general law and Constitution of this State regarding such matters, except within a designated service area for all such services of another municipality or political subdivision, including water and sewer authorities----For the purposes of this section designated service area shall mean an area in which the particular service is being provided or is budgeted or funds have been applied for as certified by the governing body thereof. Provided, however, the limitation as to service areas of other municipalities or political subdivisions shall not apply when permission for such municipal operations is approved by the governing body of the other municipality or political subdivision concerned.

Act 1503 set forth as one of the purposes of the Sewer District “to design, install, construct and reconstruct sewerage collection systems, sewerage transmission systems and sewerage treatment facilities.” An affidavit attached to the motion for summary judgment stated the Sewer District has constructed sanitary sewer collection lines, transmission lines and treatment facilities to handle the waste water generated by the users of the sewerage system located within the district. The Sewer District thus would fit the definition of a designated service area, and the City would therefore be prohibited from extending its collection lines to areas outside its corporate limits absent permission from the Sewer District.

The City asserts it can serve the Hillbrook drainage basin, an area outside its corporate limits, more economically than the Sewer District. It further asserts it has a contract to serve [73]*73a property owner within the drainage basin, and the Sewer District has no contract and has received no petition requesting service from any property owner. The City submits the intent of Act 1503 is to make it easier for users of the entire district to obtain sewerage collection services and to obtain those services in an economical manner.

A reading of Act 1503 evinces an intent to make available throughout the district sanitary sewer services because serious health hazards have been created due to the growth of the district’s population and the lack of an overall plan to provide sewer services to all sections of the district. The Sewer District’s predecessor was created in 1929 to establish, maintain, and operate a system of sewer, sewer lines, and sewer mains, treatment and disposal plants to treat sewage from the city and other areas in the district which might become subdistricts and construct their own sewerage collection lines. It is only logical, therefore, that the Sewer District be given the authority to construct sewerage collection systems, transmission systems, and treatment facilities to serve those areas within the district which did not have prior access to the system. Nowhere in Act 1503 is there any indication of legislative intent to allow the City to extend its collection lines to areas outside its corporate limits because it could serve the areas more economically than the Sewer District.

The City finally contends the circuit court erred in finding agreements between two property owners and the City to provide sewerage collection lines to their property were not binding upon the Sewer District unless ratified. The City argues these matters were not raised in the motion for summary judgment and therefore were not properly before the circuit court for determination.

The circuit court found the City should be permitted to continue providing service to persons and properties located outside its corporate limits which were receiving those services on or before January 23,1981, the date of the commencement of this action. The two agreements at issue were entered into after that date. Since the court ruled the City could not provide services to areas outside its corporate limits without permission from the Sewer District, and the City presented the court with these two agreements, there [74]*74was no harm in the court’s ruling that these agreements were not binding upon the Sewer District unless ratified.

Accordingly, we hold the circuit court did not err in granting the Sewer District’s motion for summary judgment.

USE OF REVENUES AND GENERAL FUNDS

The city contends the circuit court erred in refusing to enjoin the Sewer District from using general funds for special purposes. The City asserts Act 1503 requires sewerage collection lines installed by the Sewer District within the district and outside the subdistricts be paid solely by the charges imposed on the users of the lines.

The record reveals property within the district and outside the subdistricts was subject to the Sewer District’s ad valorem tax levies from 1929 through 1978 and did not receive sewer service from the Sewer District. To redress the inequity for some of the property owners in this area, the Sewer District authorized the installation of sewerage collection lines at less than full cost. The subsidy was provided out of the District’s general revenues.

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Bluebook (online)
321 S.E.2d 258, 283 S.C. 67, 1984 S.C. LEXIS 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spartanburg-sanitary-sewer-district-v-city-of-spartanburg-sc-1984.