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CITY OF NORTH VERNON v. JENNINGS NORTHWEST REGIONAL UTILITIES

No. 40S01-0404-CV-184.

829 N.E.2d 1 (2005)

CITY OF NORTH VERNON, Indiana, Appellant (Defendant below), v. JENNINGS NORTHWEST REGIONAL UTILITIES; Vance D. Funkhouser, Max A. Wiley, Norma Teeple, Donald McCauley, Lynn H. Clark, Jolene McQueen and Paul Michael Irwin, in their Capacity as Trustees of the Jennings Northwest Regional Utilities, Appellees (Plaintiffs below).

Supreme Court of Indiana.

Rehearing Denied September 8, 2005.

Attorney(s) appearing for the Case

Corinne R. Finnerty, McConnell & Finnerty, North Vernon, for Appellant.

Bette J. Dodd, Lewis & Kappes, P.C., Jo Angela Woods, Indiana Association of Cities & Towns, Indianapolis, for Amici Curiae.

Mary Ann Gay, Versailles, Adam Arceneaux, Brian Bailey, Ice Miller, Indianapolis, for Appellees.

RUCKER, Justice.

This case requires us to determine what happens when there is an overlap between the sewage service area of a regional sewer district and the sewage service area of a municipality. Under the facts presented we conclude the municipality prevails.

Facts and Procedural History

Located in Jennings County, the City of North Vernon ("the City") operates a wastewater treatment and collection facility. The City has the statutory authority...

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