STATE EX REL. NORTHERN INDIANA PUBLIC SERVICE CO. v. Elkhart Superior Court, Room One

ORIGINAL ACTION

SHEPARD, Chief Justice.

Northern Indiana Public Service Company (NIPSCO), a public utility, sought a writ of mandamus to compel a trial court to grant a motion for change of venue in a condemnation proceeding. We denied the writ and now record the basis for our denial.

On March 15, 1989, NIPSCO filed a complaint in the Elkhart Superior Court seeking to condemn an easement for the construction of an electrical transmission circuit in Elkhart County, Indiana. One part of the easement sought burdened land owned by Donald O. and Martha J. Haab.

The trial court held a hearing pursuant…