OFFICE OF UTILITY v. LINCOLN UTILITIES

No. 93A02-0409-EX-790.

834 N.E.2d 137 (2005)

INDIANA OFFICE OF UTILITY CONSUMER COUNSELOR, Appellant, v. LINCOLN UTILITIES, INC., and Indiana Water Service, Inc., Appellees.

Court of Appeals of Indiana.

Transfer Denied January 4, 2006.


Attorney(s) appearing for the Case

Susan L. Macey, Indiana Utility Consumer Counselor, Randall C. Helmen, Deputy Consumer Counselor for State Affairs, Daniel M. LeVay, Assistant Consumer Counselor, Indianapolis, for Appellant.

Fred E. Schlegel, Clayton C. Miller, Baker & Daniels, Indianapolis, for Appellees.


OPINION

BARNES, Judge.

Case Summary

The Indiana Office of Utility Consumer Counselor ("OUCC") appeals the decision of the Indiana Utility Regulatory Commission ("IURC") approving the sale of Lincoln Utilities, Inc. ("Lincoln") to Indiana Water Service, Inc., ("IWSI") (Lincoln and IWSI are collectively referred to as "Appellees") and adjusting Lincoln's fair value to 90% of the Appellees' agreed purchase price. We reverse and remand.

Issue...

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