City of Portage v. South Haven Sewer Works, Inc.

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Intervenor, City of Portage (the City), appeals the Indiana Utility Reg ulatory Commission’s grant of a Certificate of Territorial Authority to Appellee-Peti-tioner, South Haven Sewer Works, Inc. (South Haven), to render a sewage disposal service in additional rural areas of Porter County, Indiana.

We reverse.

ISSUE

The City raises two issues on appeal, one of which we find dispositive and which we restate as: Whether the Indiana Utility Regulatory Commission (the Commission) erred as a matter of law when it determined that South Haven had…