Legal Opinion

Utility Center, Inc. d/b/a Aqua Indiana, Inc. v. City of Fort Wayne, Indiana

Indiana Supreme Court

Decided April 11, 2013No. 90S04-1208-PL-450PublishedCited by 11 opinions

1Opinion of the Court

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 certain water and sewer facilities in the City of Fort Wayne. The facilities were divided into two separate geographic areas, the North System and the Aboite System, both of which provided services to customers within and outside the…

2Cases cited21 opinions

  1. Armstrong v. United StatesSupreme Court of the United States · 1960
  2. Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
  3. Kelo v. City of New LondonSupreme Court of the United States · 2005
  4. Bragg v. WeaverSupreme Court of the United States · 1919
  5. City of Mishawaka v. StewartIndiana Supreme Court · 1974

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3Cited by11 opinions

  1. Jose Andrade v. Hammond Board of Public WorksCourt of Appeals for the Seventh Circuit · 2021
  2. Snyder v. Town of YorktownIndiana Court of Appeals · 2014
  3. Andrade v. City of HammondDistrict Court, N.D. Indiana · 2022
  4. Andrade v. City of HammondDistrict Court, N.D. Indiana · 2020
  5. Andrade v. Hammond City ofDistrict Court, N.D. Indiana · 2020

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