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Justices again take utility’s case against Fort Wayne

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A decade-long legal dispute between the city of Fort Wayne and a water utility will make a second appearance before the Indiana Supreme Court. The case was the only one of 28 in which a petition seeking transfer to the high court was granted for the week ending Aug. 10.

The justices granted transfer last week to Utility Center, Inc. d/b/a Aqua Indiana, Inc. v. City of Fort Wayne, 90S04-1208-PL-450. The city has sought since June 2002 to condemn utility property through eminent domain.

The city’s board of works has set prices multiple times for the acquisition of a water facility based on the average of estimates as required under Indiana Code 32-24-2. The price has fluctuated between $14.7 million and $17.2 million.

In January, the Court of Appeals unanimously found in favor of the city and rejected the utility’s argument that it was entitled to a jury trial to determine the fair market value of the land the city sought to condemn. The appeals court affirmed the trial court, “concluding that the trial court can and should decline to hold a jury trial and limit its review as such.”

In 2007, the Supreme Court affirmed the trial court’s grant of summary judgment in favor of the city.

The justices declined to take the murder appeal of James Whately, who was convicted of killing Indianapolis hotel owner Bharat Patel in August 2007. It was one of 22 criminal cases the Supreme Court declined to grant transfer.

Other criminal appeals the Supreme Court denied include:

  • The murder and armed robbery conviction of Lucas Holland in Monroe Superior Court. Holland was convicted of killing David Moore in 2010 after stealing an ATV on his property.
  •  Michael Phelps, convicted as an eighth-grader of attempted murder for shooting a former classmate at Martinsville Middle School. After his conviction during a bench trial, he was sentenced to 35 years in prison.


The transfer disposition list may be viewed here.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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