Legal Opinion

Utility Center, Inc. v. City of Fort Wayne

Indiana Supreme Court

Decided June 22, 2007No. 02S04-0706-CV-248PublishedCited by 17 opinions

1Opinion of the Court

SULLIVAN, Justice.

Water and sewer service is provided in Indiana cities by the municipalities themselves or by private, investor-owned utilities. In this case, a municipality seeks to acquire a portion of the operations of a privately-owned utility that serves a portion of the City recently annexed. We hold that it may do so pursuant to the requirements of Indiana’s general eminent domain statute.

Background

The City of Fort Wayne owns and operates a sewer and water utility. Utility Center, Inc., d/b/a Aquasource, is a for-profit corporation that operates a public utility that provides sewer…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. LTV Steel Co. v. GriffinIndiana Supreme Court · 2000
  2. Hinshaw v. Board of Com'rs of Jay CountyIndiana Supreme Court · 1993
  3. Robinson v. WroblewskiIndiana Supreme Court · 1998
  4. A Woman's Choice-East Side Women's Clinic v. NewmanIndiana Supreme Court · 1996
  5. Cemetery Co. v. Warren School TownshipIndiana Supreme Court · 1957

4 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Ankrom v. StateSupreme Court of Alabama · 2013
  2. Indiana Department of Revenue v. Kitchin Hospitality, LLCIndiana Supreme Court · 2009
  3. Utility Center, Inc. d/b/a Aqua Indiana, Inc. v. City of Fort Wayne, IndianaIndiana Supreme Court · 2013
  4. Baxter v. StateIndiana Court of Appeals · 2008
  5. Jonathan Aguirre-Zuniga v. Merrick B. GarlandCourt of Appeals for the Seventh Circuit · 2022

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API