About this Event
Carmel adopted an Underground Ordinance and a Relocation Ordinance in 2019. Carmel informed Duke that it needed to relocate certain utility facilities underground due to Carmel’s public works projects, but they could not agree on who would pay for relocation. So, Carmel filed a complaint with the Indiana Utility Regulatory Commission (“IURC”), which issued its order finding both ordinances to be unreasonable and void. Carmel appealed, and the IURC appeared and filed a brief in support of its order. Pursuant to Carmel’s motion, the Court of Appeals dismissed the IURC from the appeal and struck its brief. The Court of Appeals then reversed, finding both ordinances to be reasonable. City of Carmel v. Duke Energy Ind., LLC, 198 N.E.3d 1182 (Ind. Ct. App. 2022). The Indiana Supreme Court has granted Duke’s and the IURC’s petitions to transfer and assumed jurisdiction over the case.