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MORGAN CTY. R.E. MEM. CORP. v. INDIANAPOLIS P. & L.

No. 472A191.

293 N.E.2d 237 (1973)

MORGAN COUNTY RURAL ELECTRIC MEMBERSHIP CORPORATION, Defendant-Appellant, v. INDIANAPOLIS Power & Light Company, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied April 12, 1973.

Attorney(s) appearing for the Case

H. Richard Miles, Martinsville, Parr, Richey, Obremskey, Pedersen & Morton, Lebanon, for defendant-appellant.

Marcus E. Woods, Paul L. Butt, Charles M. Wells, Jon D. Noland, Barnes, Hickam, Pantzer & Boyd, Indianapolis, for plaintiff-appellee.

HOFFMAN, Chief Judge.

The issue presented by this appeal is one of first impression in this jurisdiction — whether a municipally franchised utility may condemn property of another utility located within a parcel of land which has been annexed into a municipality pursuant to IC 1971, 18-5-10-30.1, Ind. Ann. Stat. § 48-727a (Burns 1972 Cum.Supp.).

Inasmuch as the above issue is one of law, the following...

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