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Thursday, January 02, 2014

Ind. Decisions - "Huntertown seeks ‘4-mile rule’ advantage in services area dispute"

The Court of Appeals Dec. 23rd decision in Town of Newburgh v. Town of Chandler (ILB summary here, 2nd case) is the subject of a story today by Vivian Sade in the Fort Wayne Journal Gazette. The long story begins:

How a recent Court of Appeals decision will affect territorial disputes between Huntertown and Fort Wayne City Utilities remains to be seen.

Officials from both entities have differing opinions on the Dec. 23 decision that involved two Hoosier towns.

Chandler and Newburgh were fighting for the right to be the primary water and sewer services provider within the same area, according to court documents.

The court ruled against the Chandler and in favor of Newburgh because Newburgh had an ordinance establishing a 4-mile rule, or boundary, and Chandler did not.

Huntertown has such an ordinance – Fort Wayne does not.

The decision is likely to be a significant factor weighing in favor of Huntertown becoming the chief supplier of water and sewer services to customers in an extended area outside its corporate limits, said Dave Hawk, attorney for Huntertown.

But City Utilities does not think Huntertown can be compared to the ruling in the Court of Appeals case, spokesman Frank Suarez said.

“Huntertown is a much different situation than Chandler and Newburgh. Both Chandler and Newburgh are systems that currently have the capabilities to serve customers immediately,” and Huntertown does not, he said.

Posted by Marcia Oddi on January 2, 2014 10:04 AM
Posted to Ind. App.Ct. Decisions