UTILITY CENTER, INC. v. CITY OF FORT WAYNE

No. 02A04-0410-CV-576.

834 N.E.2d 686 (2005)

UTILITY CENTER, INC., Appellant-Plaintiff, v. CITY OF FORT WAYNE, Indiana, Appellee-Defendant.

Court of Appeals of Indiana.

September 15, 2005.


Attorney(s) appearing for the Case

Paul Helmke, Helmke, Beams, Boyer & Wagner, Fort Wayne, Joe Conner, Misty Smith Kelley, Pro Hac Vice, Baker, Donelson, Bearman, Caldwell & Berkowitz, Chattanooga, TN, for Appellant.

Daniel W. McGill, Nicholas K. Kile, Barnes & Thornburg LLP, J. Christopher Janak, Ty H. Conner, Bose McKinney & Evans LLP, Indianapolis, for Amici Indiana Association of Sewer Companies et al.

Karl L. Mulvaney, Randolph L. Seger, Brian W. Welch, Christopher M. York, Bingham McHale LLP, Indianapolis, for Appellee.

Adam Arceneaux, Brian E. Bailey, Ice Miller, Indianapolis, for Amici the Indiana Association of Cities and Towns and Indiana Municipal Lawyers Association.


OPINION

BAILEY, Judge.

Case Summary

Appellant-Plaintiff Utility Center, Incorporated ("Utility Center") appeals the trial court's grant of summary judgment in favor of Appellee-Defendant, the City of Fort Wayne ("City"). We affirm in part, reverse in part, and remand.1

Issues

Utility Center raises two issues on appeal, which we restate as:

I. Whether the trial court abused its discretion by...

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