985 N.E.2d 731
Ind.2013Background
- Aqua Indiana, doing business as Utility Center, owned water/sewer facilities in Fort Wayne, with North and Aboite Systems serving ~12,000 customers.
- In 2002 the City’s Board of Public Works condemned Utility Center’s North System via resolution.
- Damages were initially assessed at $17,202,499.50 (2003) and later updated to $14,759,500 (2004).
- In 2007 the Board reaffirmed condemnation and assessed damages at $16,910,500; Utility Center remonstrated and the Board maintained the assessment.
- Utility Center appealed to the trial court; the City moved to strike jury trial and sought partial judgment on the pleadings, which the trial court granted.
- The Court of Appeals affirmed, transfer granted, and the Indiana Supreme Court reversed, holding that de novo review under Chapter 2 requires a full evidentiary hearing with potential jury trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of de novo review under I.C. 32-24-2-11(a) | Utility Center: de novo means full new hearing | City: review is limited to the board record | De novo means a new evidentiary hearing with trial and jury rights when requested |
| Scope of judicial review of Chapter 2 determinations | Judicial review should be full and not confined to record | Review limited to legality and evidence on record | Judicial review sustains a full de novo hearing with new evidence as appropriate |
Key Cases Cited
- Vickery v. City of Carmel, 424 N.E.2d 147 (Ind. Ct. App. 1981) ( Eminent domain review; deference to legislative scheme not absolute)
- City of Mishawaka v. Stewart, 310 N.E.2d 65 (Ind. 1974) (de novo review not literal; right scope limited to proper procedures and substantial evidence)
- Stewart, 310 N.E.2d 65 (Ind. 1974) ( cited within Mishawaka v. Stewart as controlling framework for administrative review)