Indiana Supreme Court

The City of Carmel, Indiana v. Indiana Utility Regulatory Commission

May 30, 2024

Summary

The Indiana Supreme Court affirmed the Commission’s order declaring Carmel’s utility ordinances unreasonable and void. It held that the Commission was a proper party on appeal, that substantial evidence supported the Commission’s finding that the ordinances would shift relocation costs to Duke’s statewide customers, and that the Commission reasonably concluded the cost shifting was unreasonable. The court also treated the statutory remedy as requiring the Commission to void an ordinance it determines to be unreasonable.