Lindower v. City of South Bend
Indiana Court of Appeals
1ConcurrenceStaton, Presiding Judge
I concur with the majority. Here we are dealing with approved, measurable rates. It is implicit that a measuring device must be used to implement the approved rates. As to the jurisdiction argument, two statutory concepts must be kept in mind: "First, municipal utilities are not subject to the general grant of authority to the Commission. Second, those statutory provisions granting the Commission certain powers over municipal utilities are strictly construed." Cities & Town of Anderson v. Public Service Commission of Indiana (1979), Ind.App., 397 N.E.2d 303 at 307. The Appellants have failed…
2Cases cited1 opinion
- Cities & Towns of Anderson v. Public Service Comm.Indiana Court of Appeals · 1979