   sewer utility service to its residential subdivision in the Royal Run area before
        ultimately forming a wholly-owned utility operating company in April 1996
        known as Boone County Utilities, LLC, (BCU). BCU was to provide water
        and sewer utilities to the Royal Run area.

        Newland entered into an agreement with Branham (the Branham Agreement)
        for assistance in negotiating a contract with the City of Indianapolis for the
        acceptance of sewage flow from the BCU service area, and in negotiating a
    for the sale of BCU to
      Whitestown. The Bankruptcy Court held a hearing on the Motion To Sell [sic]
      and issued its Memorandum of Decision granting the Motion to Sell and
      approving the Purchase Agreement and the Novation Agreement in its entirety
      subject to immaterial modification. The closing occurred on July 20, 2004.

      On October 31, 2005, Branham filed its First Amended Complaint against
      Newland and others. After the answer and affirmative defenses were filed and
      several orders were issued, the only remaining count of the Branham complaint
     