Mapleturn Utilities, Inc. v. Foxcliff South Associates, Inc.

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Mapletum Utilities, Inc. appeals the summary judgment granted Foxcliff South Associates, Inc. (FSA) on FSA’s complaint for breach of contract.

We reverse and remand.

FACTS

In the early 1980’s, a private utility company, Summit City Utilities, Inc., provided water and sewer services to an area north of Martinsville which we will refer to as Foxcliff North. Subsequently, an area south was platted and proposed for development by Foxcliff South, Inc., which later filed bankruptcy. Its primary lender, Merchants National Bank and Trust Co. of Indianapolis,…