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TOWN OF NEWBURGH v. TOWN OF CHANDLER

No. 87A01-1305-CT-203.

999 N.E.2d 1015 (2013)

TOWN OF NEWBURGH, Appellant/Cross-Appellee, v. TOWN OF CHANDLER, Appellee/Cross-Appellant.

Court of Appeals of Indiana.

December 23, 2013.

Attorney(s) appearing for the Case

R. Thomas Bodkin , J. Herbert Davis , Bamberger, Foreman, Oswald & Hahn, LLP, Evansville, IN, Attorneys for Appellant.

Brian W. Welch , Carl A. Hayes , Bingham Greenebaum Doll LLP, Indianapolis, IN, Attorneys for Appellee.

S. Adam Long , Long & Mathies Law Firm, P.C., Boonville, IN, Attorney for Amicus Curiae Board of Commissioners of Warrick County.

Mark K. Phillips , Mark K. Phillips , Attorney at Law, P.C., Boonville, IN, Attorney for Amicus Curiae City of Boonville.

OPINION

SHEPARD, Senior Judge.

The legislature has authorized municipalities to provide sewer service up to four miles from their corporate boundaries, and to regulate or even prohibit other entities from doing so. When two towns each assert exclusive right to provide service in a zone where their authority overlaps, how should their conflicting claims be resolved?

FACTS AND PROCEDURAL HISTORY

Acting under Indiana Code sections 36...

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