Opinions May 31, 2024
Indiana Supreme Court
Duke Energy Indiana, LLC v. City of Noblesville, Indiana
23S-PL-130
Civil plenary. Reverses the Hamilton Superior Court’s judgment in favor of the City of Noblesville and ordering Duke Energy to comply with the city’s unified development ordinance and obtain permits, as well as the imposition of a $150,000 penalty against Duke for starting demolition without required permits and the awarding to Noblesville $115,679.10 in attorneys’ fees, expert fees, and costs. Finds that whether the Indiana Utility Regulatory Commission finds Noblesville’s unified development ordinance reasonable will dictate whether the trial court in turn grants Noblesville’s request to enforce its ordinance against Duke. Remands for further proceedings.