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200 W. Washington St. Indianapolis, IN 46204

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In this appeal, Duke Energy Indiana, LLC (Duke Energy) challenges the trial court’s grant of summary judgment to the City of Noblesville on the issue of whether the City may enforce its Unified Development Ordinance (UDO) against the utility. The dispute arose when the utility began demolishing a structure on its property in Noblesville without first obtaining a demolition permit from the City. The demolition was the precursor to the utility’s construction of a seven-bay truck storage and office building there. In addition to granting summary judgment, which requires the utility to seek demolition and construction permits if it wishes to proceed, the trial court fined the utility and ordered it to pay the City’s attorney fees. On appeal, the utility claims that by statute, its compliance with the UDO during this construction project is not required and that the trial court erred in imposing the fines and attorney fees award.   

The scheduled panelists are Judge Robb, Judge Pyle, and Judge Weissmann.

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