176 Ind. App. 580 | Ind. Ct. App. | 1978
On March 11,1977, the Public Service Commission of Indiana (PSC) approved the petition of the defendant-appellee Eastern Bartholomew Water Corporation (EBW Corp.) for authority to borrow funds for the purpose of extending the water distribution system of the utility on certain lands within Bartholomew County.
Subsequent to this approval, the Bartholomew Circuit Court issued a temporary restraining order, which was petitioned for by the appellants, blocking the EBW Corp. from beginning expansion of its water distribution program. On July 28,1977, the hearing on the appellants’ petition for preliminary injunction was held, wherein the EBW Corp. filed a motion to dismiss said petition based on the theory that the Bartholomew Circuit Court did not have subject matter jurisdiction in this case. The court sustained the motion and dismissed the cause. Appellants filed their notice of appeal and a praecipe on August 2,1977, and this appeal resulted.
For the above reasons, this court dismisses the above cause, sua sponte.
Dismissed.
Lowdermilk and Robertson, JJ., Concur.
Note — Reported at 376 N.E.2d 1171.