Larry V. Faircloth Realty, Inc. v. Pub. Serv. Comm’n

In 2004, the Berkeley County Water District and Sewer District filed requests with the Public Service Commission (PSC) to charge capacity improvement fees (CIFs) due to rapid population growth in the county. The PSC approved the requested CIFs. Petitioners subsequently filed a declaratory judgment action in the circuit court, seeking relief from paying the CIFs. The circuit court found that the PSC lacked jurisdiction to establish the CIFs. However, the Supreme Court found Petitioners had failed to exhaust their administrative remedies before the PSC and reversed. Subsequently, the PSC discontinued the CIFs, finding that the Sewer District and Water District no longer satisfied the criteria for charging the CIFs. Thereafter, the PSC granted Petitioners’ motion to deny the Water and Sewer Districts’ petitions for reconsideration. Petitioners appealed to challenge errors they alleged were contained in the PSC’s final order. The Supreme Court affirmed, holding that Petitioners were judicially estopped from challenging the errors.

Larry V. Faircloth Realty, Inc. v. Pub. Serv. Comm’n