ILNews

Commission OK to rule on territory dispute

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed an order by the Indiana Utility Regulatory Commission, finding the commission had the authority to hear a dispute between a town and a water company.

At issue in Town of Chandler, Indiana v. Indiana-American Water Co., and Town of Newburgh, Indiana, No. 93A02-0801-EX-00005, is Indiana Code Section 8-1-2-86.5, which defines when the commission may determine a territorial dispute within a 4-mile area regarding water utilities.

The town of Chandler owns and operates a water utility for the delivery of water within and around the corporate limits of the town. The town adopted an ordinance that stated it would be the only provider of water within the 4-mile area surrounding the town. Indiana-American Water Co. filed a complaint with the regulatory commission, requesting that it determine the unincorporated areas in the 4-mile area surrounding the town were open competition for water customers.

There was also a dispute involving the town of Newburgh, because it passed a similar ordinance and some of its 4-mile area overlapped with the surrounding Chandler area.

The commission issued an order denying Chandler's second motion to dismiss the complaint and granted Indiana-American's requested relief and ruled that Indiana-American could provide water service to a prospective customer within the 4-mile area, regardless of Chandler's ordinance.

The Court of Appeals examined the construction of I.C. Section 8-1-2-86.5 to determine whether the commission had the authority to determine a territorial dispute. Chandler argued that the commission can't determine a territorial dispute because the statute only applies to the municipalities that meet the conditions of subsections (c)(1) and (c)(2), and since Newburgh doesn't meet those conditions, the commission can't settle the dispute.

The Court of Appeals disagreed with Chandler's arguments, finding the plain reading of the statute leads the court to conclude the exception to the exception, which allows the commission to determine disputes between two municipalities located within the same 4-mile area, applies whenever the territorial dispute concerns an area located within more than one 4-mile area of any municipality, wrote Judge Paul Mathias.

The appellate court also found the commission's treatment of Chandler didn't violate Article I, Section 23 of the Indiana Constitution because a municipal corporation isn't a citizen of Indiana and the section is inapplicable to its case.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

ADVERTISEMENT