S.C. Supreme Court reverses judgment for SCE&G in electronic easement case

In Gressette v. SCE&G, Landowners sued SCE&G for trespass, unjust enrichment, an injunction, and declaratory judgment. Landowners claimed SCE&G's conveyance of excess capacity on its fiber optic cables was an improper use of the electric easements granted by Landowners to SCE&G. The trial judge granted SCE&G's motion to dismiss under Rule 12(b)(6).

The Supreme Court reversed the grant of the motion to dismiss. The issue, according to the Court, was whether SCE&G may apportion its allowed use to third parties. Because this issue could not be resolved without construing the instruments granting the easements in question, the Court held the granting of the motion to dismiss was improper.