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FARLEY NEIGHBORHOOD ASS'N v. TOWN OF SPEEDWAY

No. 49S04-0109-CV-424.

765 N.E.2d 1226 (2002)

FARLEY NEIGHBORHOOD ASSOCIATION, The Laundry Connection of Indiana, Inc., and William and Amy Tischer, Appellants (Petitioners Below), v. TOWN OF SPEEDWAY, Appellee (Respondent Below).

Supreme Court of Indiana.

April 3, 2002.

Attorney(s) appearing for the Case

Bette J. Dodd, Todd A. Richardson, Lewis & Kappes, P.C., Indianapolis, IN, Attorneys for Appellants.

Anne E. Becker, Robert M. Glennon, Daniel M. LeVay, Indiana Office of Utility Consumer Counselor, Indianapolis, IN, Attorneys for Amicus Curiae Indiana Office of Utility Consumer Counselor.

James M. Gutting, Nicholas K. Kile, Barnes & Thornburg, Indianapolis, IN, Attorneys for Appellee.

L. Parvin Price, J. Christopher Janak, Bose McKinney & Evans LLP, Indianapolis, IN, Attorneys for Amici Curiae Indiana Association of Cities and Towns; Indiana Municipal Lawyers Association.

SHEPARD, Chief Justice.

The Speedway Town Council passed an ordinance to increase sewer rates nearly forty percent across the board. In accordance with a practice five decades old, it set the rate for out-of-town customers fifty percent higher than the in-town rate. Some out-of-town users objected. The trial court concluded that they failed to prove the Speedway Council abused its discretion by perpetuating the rate differential. We affirm.

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