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Monday, January 06, 2014

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

On Jan. 2nd the Fort Wayne Journal Gazette had a story, today it has an editorial on Sr. Judge Shepard's Dec. 23rd decision in Town of Newburgh v. Town of Chandler that begins:

Newburgh is a town of 3,325 souls on the shore of the Ohio River in far southern Indiana. Chandler, population 2,887, is a 15-minute drive north. The tiny towns have been at war over the rights to serve sewer customers in a portion of Warrick County. Two days before Christmas, Newburgh won.

Writing for the Indiana Court of Appeals, special Judge Randall Shepard ruled that because Chandler had passed an ordinance establishing an exclusive four-mile service area around the town, and Newburgh had not, Chandler has exclusive rights to new customers in the areas in dispute.

Yes, careful reader, you’re right – Shepard is indeed the retired chief justice of the Indiana Supreme Court, where he was an expert on matters like this, so decisions he authors for the appeals court can be presumed to be pretty much the last word. And yes, all the way up here in northeastern Indiana, this decision has big implications. Let’s just say, if Huntertown were a cat, this opinion would be catnip.

Posted by Marcia Oddi on January 6, 2014 10:06 AM
Posted to Ind. App.Ct. Decisions