ILNews

Court rules in favor of municipal utilities

Michael W. Hoskins
January 1, 2007
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The state's eminent domain statute allows Indiana municipalities to acquire operations of privately owned water and sewer utilities that serve recently annexed portions of that community, the Indiana Supreme Court ruled today.

The split 3-2 decision came in Utility Center, Inc., d/b/a Aquasource v. City of Fort Wayne, Indiana, 02S04-0706-CV-248.

This case from Allen Circuit Judge Thomas Felts involves Fort Wayne's initiation of condemnation proceedings against a company operating a competing public water utility in and around the city, which also owns its own water and sewer utility. The trial court granted the city's motion for relief and denied Utility Center's, though the Court of Appeals reversed and remanded in 2005.

However, the justices decided to grant transfer and have now affirmed the trial court's judgment with respect to its decision in granting summary judgment in favor of the city.

In its opinion, the court dissects specific portions of Indiana's eminent domain statute applying to utilities, weaving through history of the law and how it's organized.

Justice Frank Sullivan authored the opinion, and Justices Ted Boehm and Brent Dickson dissented. Chief Justice Randall T. Shepard concurred with a separate, two-page opinion that shows the divided court almost could have gone the other way.

"The complicated order of events in this case and the way in which the litigants have positioned themselves makes the task of statutory interpretation more difficult than usual," the chief justice wrote. "There are grounds on which I anticipated that Utility Center might prevail, but those grounds turn out not to have been part of how the situation or the litigation evolved."

Justice Boehm wrote the dissent with Justice Dickson concurring. The two justices believed the lower appellate judges ruled correctly and would have denied transfer.

"Distressed utilities would seem to be the best candidates to be acquired by a governmental entity to assure stable service," Justice Boehm wrote. "On its face, it is odd that the legislature would choose to prevent governmental acquisition of this perhaps imaginary class distressed utilities but permit it as to healthy ones."

Ten water and utility companies were amici curiae parties on this case, including Indiana-American Water Co. and Indiana Association of Sewer Companies.
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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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