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Water Utility Exempt in Zoning Conflict
Indiana‐American Water Co., a public utility, furnishes water to the town of Newburgh in Warrick County, Indiana. The county's comprehensive zoning ordinance makes public utilities subject to local zoning regulation. Indiana‐American wanted to build an elevated water storage tank on property it leased that was zoned for agricultural use, and it petitioned the zoning board for a special exemption. The zoning board denied the request. The water utility then sought a declaration from the court that the company was not subject to local zoning regulation. The trial court ruled for the water utility. The appellate court disagreed, stating that the utility is regulated by the Public Service Commission, and local regulation would be inimical to the larger interest.
Water Utility Exempt in Zoning Conflict
Indiana‐American Water Co., a public utility, furnishes water to the town of Newburgh in Warrick County, Indiana. The county's comprehensive zoning ordinance makes public utilities subject to local zoning regulation. Indiana‐American wanted to build an elevated water storage tank on property it leased that was zoned for agricultural use, and it petitioned the zoning board for a special exemption. The zoning board denied the request. The water utility then sought a declaration from the court that the company was not subject to local zoning regulation. The trial court ruled for the water utility. The appellate court disagreed, stating that the utility is regulated by the Public Service Commission, and local regulation would be inimical to the larger interest.
Water Utility Exempt in Zoning Conflict
1997-04-01
1 pages
Article (Journal)
Electronic Resource
English
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