Town of Newburgh v. Town of Chandler

OPINION

SHEPARD, Senior Judge.

The legislature has authorized municipalities to provide sewer service up to four miles from their corporate boundaries, and to regulate or even prohibit other entities from doing so. When two towns each assert exelusive right to provide service in a zone where their authority overlaps, how should their conflicting claims be resolved?

FACTS AND PROCEDURAL HISTORY

Acting under Indiana Code sections 86-9-2-16, -17, and -18 (1980), the towns of Newburgh and Chandler in Warrick County have for decades been providing sewer services in the four-mile rings outside their…