Supreme Court of South Carolina
Dennis Sauner, Cliff Derreth, Joanne Derreth, Timothy James McClelland, Robert Keith Brown, Iii, Darlene M…
May 12, 2003354 S.C. 397
Summary
The court affirmed summary judgment for Santee Cooper on the appellants’ breach-of-contract, negligent-misrepresentation, and unjust-enrichment claims, holding that the sales program did not unilaterally modify the bilateral leases, the challenged statements were not actionable misrepresentations, and the leases permitted Santee Cooper to retain improvements after termination. The court also affirmed the denial of the intervenors’ request to terminate their permissive intervention because doing so would substantially affect the prior order granting intervention. It declined to reach the class-certification and Tort Claims Act issues because the underlying negligent-misrepresentation claim failed as a matter of law.