Indiana & Michigan Elec. Co. v. Schnuck

• Decision Date: 20 July 1973
• Docket Number: No. 1271S387,1271S387
• Citation: 260 Ind. 632,298 N.E.2d 436
• Parties: INDIANA & MICHIGAN ELECTRIC COMPANY, Appellant, v. Shelby SCHNUCK and the Town of Santa Claus, Indiana, Appellees.
• Court: Indiana Supreme Court

Page 436

298 N.E.2d 436

260 Ind. 632

INDIANA & MICHIGAN ELECTRIC COMPANY, Appellant, v. Shelby SCHNUCK and the Town of Santa Claus, Indiana, Appellees.

No. 1271S387.

Supreme Court of Indiana.

July 20, 1973.

Frank E. Gilkison, of White, Haymond, Pierce, Beasley & Gilkison, Muncie, Paul F. Mason, Rockport, for appellant.

John L. Carroll and Charles C. Griffith, Evansville, for appellees.

ARTERBURN, Chief Justice.

This case arose upon the complaint of Indiana & Michigan Electric Company, an Indiana corporation having the power of eminent domain, to condemn an easement of a width of approximately 200 feet over real estate owned by the Appellee, Shelby Schnuck and in which the Town of Santa Claus, Indiana, claimed a contractual interest. The land in question is located in Spencer County, Indiana. The condemnation was sought by the electric company for the purpose of building an electrical transmission line from a generating plant which was to be located in Henderson County, Kentucky. The transmission line was to run in a generally northeasterly direction from the proposed generating plant to the company's Jefferson substation west of Madison, Indiana. The complaint for appropriation was filed in the Spencer Circuit Court on June 9, 1970. The defendants filed objections, and trial was had before the Honorable Lester Nixon, Special Judge, who sustained the defendant's objections and entered judgment accordingly denying the condemnation.

The main issue in this case is whether the appellant electric company may condemn an easement across land claimed to have been purchased by the Town of Santa Claus from the owner Shelby Schnuck. The evidence discloses that the Town intends to operate a municipal airport on the land in the future. The Appellees, both the original vendor and the Town of Santa Claus contend that the Indiana & Michigan Electric Company has no intention of constructing a transmission line over the land within the reasonable future. The trial court agreed with the landowner and the Town and denied the electric company's right of condemnation.

Both parties join issue, in the main, as to which of two entities, each enjoying the power of eminent domain, has a priority in these circumstances. It is admitted that from the nature of the easement sought by the power company the land in question could not simultaneously be used as a municipal airport. However, we do not think it becomes necessary to resolve the issues presented on that basis. Rather, the crucial issue is whether the evidence is sufficient to sustain the trial court's denial of the right of condemnation.

The electric company contends that the Town has no real interest in the disputed land, and therefore no standing to oppose the company's condemnation. It points out that the Town had no aviation commission which, under the statute, IC 1971, 19--6--1--2, (Burns' Ind.Stat.Ann. § 14--413 (1972 Supp.)), is the only municipal body empowered to make a purchase of land for an airport. The company also asserts that the Town never received prior approval for the proposed airport from the State Aeronautics Commission, thereby violating the statute. IC 1971, 19--6--1--6 (Burns' Ind.Stat.Ann. § 14--417 (1964 Repl.)). The Appellant further suggests that the Town did not have a valid contract for the purchase of the land in question; that its claim is based, at most, only on a conditional sales contract with Shelby Schnuck, which the Appellant alleges is void. There are other claimed defects in the position of the Town which we need not note since we are of the view that the right to maintain the condemnation action in this case fall unless a valid case is made against the landowner Shelby Schnuck who is a party defendant and an Appellee. It must be borne in mind that in analyzing this question we are governed by several well-settled principles of appellate review. The power company is appealing the trial court's denial of its right of condemnation. Thus, the utility is appealing from a negative judgment. If there is any evidence to sustain the judgment of the trial court, this court must affirm. The trial court was presented with a question of fact; namely, whether or not the power company had an immediate need or a fair and reasonable future need for the property in question. Country Estates, Inc. v. Northern Indiana Public Service Company (1970), 254 Ind. 108, 258 N.E.2d 54; Meyer v. Northern Indiana Public Service Company (1970), 254 Ind. 112, 258 N.E.2d 57. We believe that there was evidence in the record from which the trial court could reasonably have concluded that the electric company was attempting to condemn, not for a future use which was fairly and reasonably needed, but rather based upon their speculation as to what they might want to do in the future. The evidence is not without conflict in this regard. But, it is well-settled that this court will not weigh conflicting evidence nor resolve questions concerning the credibility of witnesses. We may consider only that evidence most favorable to the prevailing party together with all reasonable inferences to be drawn therefrom, and if from that viewpoint there is evidence of probative value to sustain the judgment of the trial court, that judgment will not be disturbed. Langford v. Anderson Baking Company (1970), 146 Ind.App. 677, 258 N.E.2d 60. Griffin v. Hubbell (1937), 212 Ind. 684, 11 N.E.2d 136. See also Cox v. Schlachter (1970), Ind.App. 262 N.E.2d 550; Winkler v. Winkler (1969), 252 Ind. 136, 246 N.E.2d 375; City of Indianapolis v. Pollard (1960), 241 Ind. 66, 169 N.E.2d 405. A general judgment is presumed to be based upon findings supported by the evidence. Gilot v. Walsh (1968), 142 Ind.App. 628, 236 N.E.2d 607. Here, no request was made for special findings so the finding must be treated as general, and if the action of the trial court is sustainable on any theory, it must be affirmed. Lewis v. Burke (1968), 143 Ind.App. 696, 242 N.E.2d 382; Ross v. Review Board of Indiana Employment Security Division (1962), 243 Ind. 61, 182 N.E.2d 585.

A review of the evidence shows that the proposed transmission line was to be used in connection with a generating plant to be built at Henderson, Kentucky. Yet the evidence is uncontradicted that the Indiana & Michigan Electric Company had not, at the time of...