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TOWN OF MERRILLVILLE v. LINCOLN GARDENS UTIL. CO.

No. 2-573A121.

351 N.E.2d 914 (1976)

TOWN OF MERRILLVILLE and Merrillville Conservancy District, Appellants (Intervenors below), v. LINCOLN GARDENS UTILITIES COMPANY, Inc., Appellee (Petitioner below), Gary-Hobart Water Corp. et al., Appellees (Intervenors below).

Court of Appeals of Indiana, Second District.

Rehearing Denied October 22, 1976.

Attorney(s) appearing for the Case

Fred M. Cuppy, Gerald K. Hrebec, Gary, for appellants.

Porter R. Draper, Tulsa, Okl., Alan E. O'Connor, Gary, for appellees.

BUCHANAN, Presiding Judge.

CASE SUMMARY

Intervenors-Appellants, Merrillville Conservancy District and Town of Merrillville, seek review of a Public Service Commission order granting a certificate of territorial authority for sewage disposal service to Petitioner-Appellee, Lincoln Gardens Utilities Company, claiming the order was contrary to law because the Commission lacked jurisdiction to grant the certificate.

We reverse and remand.

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