INDIANAPOLIS, Ind. (www.incnow.tv) - The Indiana Supreme Court has reversed a local court and Indiana Court of Appeals rulings, entitling Aqua Indiana to a full rehearing including a request for a trial by jury.
The utility was originally allowed only a limited review by a judge on how much Fort Wayne should pay for its 2002 takeover of the northern system.
The Supreme Court upheld the city's declaration of eminent domain and its subesquent takeover of Aqua Indiana's northern facility in 2007. The city's Board of Public Works said the company should get about $17 million in compensation.
The appellate court ruled no jury trial was required, limiting the utility's appeal process of the amount it was owed to a judge reviewing evidence provided by the Board.
Aqua Indiana wants a full review and jury trial because it did not submit its own appraisal of what its northern facility was worth. Instead, the utility filed a written brief alleging what was wrong with the city's estimate.
This is the second time the Indiana Supreme Court has reviewed the case. A trial date has not been set.
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