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SOUTH HAVEN v. UTILITY CONSUMER COUNSELOR

No. 93A02-9208-EX-375.

621 N.E.2d 653 (1993)

SOUTH HAVEN Waterworks, a Division of Reliable Development Corporation, Appellant, v. Office of the UTILITY CONSUMER COUNSELOR and the Indiana Utility Regulatory Commission, Appellees.

Court of Appeals of Indiana, Third District.

October 4, 1993.

Attorney(s) appearing for the Case

James L. Weiser, Weiser & Sterba, Highland, Daniel W. McGill, Michael G. Banta, Robert E. Heidorn, Barnes & Thornburg, Indianapolis, for appellant.

Robert K. Johnson, Acting Consumer Counselor, Randal S. Forbes, Diane M. Moore, Asst. Consumer Counselors, Office of the Utility Consumer Counselor, Indianapolis, for appellees.

HOFFMAN, Judge.

Appellant South Haven Waterworks [South Haven] appeals the decision of the Indiana Utility Regulatory Commission [IURC] on South Haven's June 1991 petition requesting an increase in its water service and sewage disposal rates for its service area within rural Porter County, Indiana.

As restated, South Haven raises three issues on appeal:

(1) whether the IURC erred in determining that South Haven, organized as an S Corporation, cannot...

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