Indiana Supreme Court decsion on eminent domain and local utlities

From the Indiana Lawyer, an article on the recent Indiana Supreme Court decision:

The state's eminent domain statute allows Indiana municipalities to acquire operations of privately owned water and sewer utilities that serve recently annexed portions of that community, the Indiana Supreme Court ruled today.

The split 3-2 decision came in Utility Center, Inc., d/b/a Aquasource v. City of Fort Wayne, Indiana , 02S04-0706-CV-248.

This case from Allen Circuit Judge Thomas Felts involves Fort Wayne's initiation of condemnation proceedings against a company operating a competing public water utility in and around the city, which also owns its own water and sewer utility. The trial court granted the city's motion for relief and denied Utility Center's, though the Court of Appeals reversed and remanded in 2005.