Darlage v. Eastern Bartholomew Water Corp.

This interlocutory appeal from an order of the Bartholomew Circuit Court granting appellee-plaintiff Eastern Bartholomew Water Corporation’s request for temporary injunction and denying appellant-defendant County Building Commissioner Darlage’s motion to dismiss for lack of subject matter jurisdiction raises this central issue:

Whether or not a utility is subject to the jurisdiction and regula tion of county zoning and building authorities with respect to the location and use of utility facilities located within the county.

We affirm.

A summary of the facts shows that Eastern Bartholomew Water…