UTILITY CENTER, INC. v. CITY OF FORT WAYNE

No. 90S04-1208-PL-450.

985 N.E.2d 731 (2013)

UTILITY CENTER, INC. d/b/a Aqua Indiana, Inc., Appellant (Petitioner below), v. CITY OF FORT WAYNE, Indiana, Appellee (Respondent below).

Supreme Court of Indiana.

April 11, 2013.


Attorney(s) appearing for the Case

William T. Hopkins , Matthew M. Hohman , Barnes & Thornburg LLP, Fort Wayne, IN, Misty Smith Kelley , Baker Donelson Bearman Caldwell & Berkowitz PC, Chattanooga, TN, Attorneys for Appellant.

Briane M. House , Matthew E. Melton , Norris Choplin Schroeder LLP, Indianapolis, IN, Attorneys for Amicus Curiae Indiana Chapter of the National Association of Water Companies.

Robert T. Keen, Jr. , Larry L. Barnard , Richard Paul Samek , Carson Boxberger LLP, Fort Wayne, IN, Randolph L. Seger , Brian W. Welch , Karl L. Mulvaney , Bingham Greenebaum Doll LLP, Indianapolis, IN, Attorneys for Appellee.


On Petition To Transfer from the Indiana Court of Appeals, No. 90A04-1101-PL-15

RUCKER, Justice.

At issue in this case is the scope of judicial review where a property owner challenges the compensation awarded for condemnation of its property by a city's board of public works under an eminent domain statute applicable to cities and towns.

Background and Procedural History

Doing business as Aqua Indiana, Utility Center, Inc. owned and operated...

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