About this Event
Duke Energy purchased adjacent parcels of land in Noblesville—one for a new substation and the others to build a large garage with attached offices. Noblesville required permits for razing buildings on the substation parcel and before building the garage on the other parcels, but Duke refused to obtain the permits. Noblesville sued to enforce the permit requirements for any non-substation improvements, and Duke counterclaimed, arguing Noblesville had no authority to enforce the permit requirements against Duke. The Hamilton Superior Court granted summary judgment and awarded penalties and fees to Noblesville. The Court of Appeals affirmed, finding the work that required permits did not involve “utility service” or the “location or use of a utility facility.” Duke Energy Ind., LLC v. City of Noblesville, 200 N.E.3d 935 (Ind. Ct. App. 2023). The Indiana Supreme Court has granted Duke’s petition to transfer and assumed jurisdiction over the case.