Schenkel Enterprises, Inc. v. Indiana & Michigan Electric Co.

HOFFMAN, Judge.

Schenkel Enterprises, Inc., Connie L. Ma-kin and Dwanna Kaczor1 brought this suit for damages against the Indiana & Michigan Electric Company (I & M), alleging the I & M had collected electric service rates in excess of those authorized by the Public Service Commission. Pursuant to Ind. Rules of Procedure, Trial Rule 12(D), I & M filed an application for a preliminary determination of the issue of the trial court’s jurisdiction of the subject matter of the suit. Following a two-day hearing on that application, the trial court concluded that it had no subject-matter jurisdiction…