The High Court convenes a committee to decide whether the Noblesville ordinance is justified in the Duke Energy case

IL file photo

The Indiana Supreme Court on Thursday overturned the Hamilton Supreme Court ruling and ruled that it is up to the Indiana Public Utilities Regulatory Commission to decide whether Noblesville’s uniform development ordinance is reasonable as the city seeks to enforce the law in its dispute with Duke Energy, LLC.

In 2020, Duke Energy attempted to build a new facility in Noblesville.

The company bought land for a new substation, more transmission lines and a new garage. The site already contained an abandoned house and garage, which Duke had to demolish before building new facilities.

Duke notified Noblesville that it intended to demolish the abandoned structures, and in response, the city insisted that the company first comply with the Uniform Development Ordinance. This required numerous permits, but having obtained none of them, Duke began demolition.

Noblesville issued a stop-work order, which Duke complied with.

The city also sued Duke, seeking a declaratory judgment. The trial court ordered Duke to comply with the order and obtain permits. She also imposed a $150,000 penalty on Duke and awarded Noblesville $115,679.10 in attorneys’ fees.

The Indiana Court of Appeals upheld the ruling, but the high court has now overturned it.

“We hold that the trial court has jurisdiction over Noblesville’s enforcement actions against Duke. However, only the commission can decide whether the Noblesville ordinance unreasonably interferes with Duke’s public utility functions,” Justice Geoffrey Slaughter wrote to the Supreme Court.

The Supreme Court referred the case for retrial.

All the judges agreed Duke Energy Indiana, LLC v. City of Noblesville, Indiana, 23S-PL-130.