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BLOOMINGTON CTRY CLUB, INC. v. CITY OF BLOOMING WATER & WASTEWATER UTILITIES

No. 93A02-0410-EX-865.

827 N.E.2d 1213 (2005)

BLOOMINGTON COUNTRY CLUB, INC., Lead Appellant, Namron L.L.C., Norm Deckard; Bruce's Marathon, Inc., d/b/a Winslow Road Marathon; Monroe Bank; Gerad Yeagley; Richard Rechter; Lee Merchant; Greg Sutliff; Steve Hedback; and Tim Ellis, Appellants/Cross-Appellees, v. CITY OF BLOOMINGTON WATER & WASTEWATER UTILITIES, Appellee/Cross-Appellant, Indiana Office of Utility Consumer Counselor, Cross/Appellee.

Court of Appeals of Indiana.

May 31, 2005.

Attorney(s) appearing for the Case

Robert Delano Jones, Jones, McGlasson & Benckart, P.C., Bloomington, IN, Attorney for Appellants.

Adam Arceneaux, Brian E. Bailey, Ice Miller, Indianapolis, IN, Attorneys for Appellee, City of Bloomington Water & Wastewater Utilities.

Susan L. Macey, Randall C. Helmen, Daniel M. Le Vay, Office of Utility Consumer Counselor, Indianapolis, IN, Attorneys for Appellee, Indiana Office of Utility Consumer Counselor.

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Bloomington Country Club and ten co-petitioners (collectively, "Country Club") appeal the order of the Indiana Utility Regulatory Commission ("IURC") that denied their request for injunctive relief, finding that the irrigation rate it had approved for City of Bloomington Water & Wastewater Utilities ("Utilities") was being properly applied. Utilities cross-appeals the IURC's denial of its...

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