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UTILITY CENTER, INC. v. CITY OF FT. WAYNE

No. 02S04-0706-CV-248.

868 N.E.2d 453 (2007)

UTILITY CENTER, INC., d/b/a Aquasource, Appellant (Plaintiff below), v. CITY OF FORT WAYNE, Indiana, Appellee (Defendant below).

Supreme Court of Indiana.

June 22, 2007.

Attorney(s) appearing for the Case

Paul Helmke, Fort Wayne, IN, Joe Conner, Misty Smith Kelley, Chattanooga, TN, Attorneys for Appellant.

Karl L. Mulvaney, Randolph L. Seger, Brian W. Welch, Christopher M. York, Indianapolis, IN, Attorneys for Appellee.

Daniel W. McGill, Nicholas K. Kile, Indianapolis, IN, Attorneys for Amici Curiae Indiana-American Water Company, Inc., American Suburban Utilities, Inc., Sani Tech, Inc., Eastern Hendricks County Utility, Inc., and Southeastern Utilities, Inc.

Adam Arceneaux, Brian E. Bailey, Indianapolis, IN, Attorneys for Amici Curiae Indiana Association of Cities and Towns and Indiana Municipal Lawyers Association.

J. Christopher Janak, Ty H. Conner, Indianapolis, IN, Attorneys for Amici Curiae Indiana Association of Sewer Companies, Hamilton Southeastern Utilities, Inc., Riverside Water Company, Inc., Eastern Bartholomew Water Corporation, and Edwardsville Water Corporation.

SULLIVAN, Justice.

Water and sewer service is provided in Indiana cities by the municipalities themselves or by private, investor-owned utilities. In this case, a municipality seeks to acquire a portion of the operations of a privately-owned utility that serves a portion of the City recently annexed. We hold that it may do so pursuant to the requirements of Indiana's general eminent domain statute.

Background

The City of Fort Wayne owns and operates...

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