Legal Opinion · Concurrence

Lindower v. City of South Bend

Indiana Court of Appeals

Decided February 13, 1985No. 3-384A73Published

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

  1. Cities & Towns of Anderson v. Public Service Comm.Indiana Court of Appeals · 1979

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