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Indiana Utility Law and Indiana Municipal Law: City of Jeffersonville v. Hallmark at Jeffersonville, L.P. 937 N.E.2d 402 (Ind. Ct. App. 2010) (Part 2)

| Apr 11, 2011 |

In Time Warner, a television cable company assessed late fees against its customers when their payments were not received by the due date. Time Warner’s customers filed lawsuits in order to recover the late fees paid in excess of the company’s actual damages caused by the late payments. 802 N.E.2d at 887-889. The Indiana Supreme Court held in Time Warner…

Indiana Utility Law and Indiana Municipal Law: City of Jeffersonville v. Hallmark at Jeffersonville, L.P. 937 N.E.2d 402 (Ind. Ct. App. 2010)

| Apr 6, 2011 |

Hallmark of Jeffersonville, L.P. is a developer of multi-family apartment buildings. In 2006, Hallmark planned to develop three multi-family apartment buildings in the City of Jeffersonville (the “City”). Two of the three buildings were to include twenty-four units and the other one was to include thirty-two units. Hallmark inquired with the City as to the cost of the necessary permits.…

Indiana Utility Law and Indiana Municipal Law – Indiana Court of Appeals Affirms Ruling that Developer’s Overpayment of Sewer Tap-In Fee Based on City’s Miscalculation Was Not an Unrefundable Voluntary Overpayment

| Feb 8, 2011 |

In November 2010, the Court of Appeals of Indiana rejected a claim that a developer voluntarily overpaid a sewer tap-in fee that was incorrectly calculated by the City of Jeffersonville. In City of Jeffersonville v. Hallmark at Jeffersonville, the Court held that the voluntary payment doctrine did not preclude the developer from receiving a refund of approximately $105,000. In this…

Indiana OSHA Law – Indiana Employers Need to Review Policies on Texting While Driving Based on Recent OSHA Open Letter

| Jan 17, 2011 |

On October 4, 2010, the Occupational Safety and Health Administration (“OSHA”) issued an open letter to employers announcing an educational program encouraging employers to prevent work-related distracted driving and asking employers to review their policies and practices with respect to texting and driving. The OSHA letter further stated employers have a “legal obligation” to prevent hazards such as texting and…

IURC Tree Trimming Order (Part 4)

| Jan 13, 2011 |

‘The Commission finds that debris associated with routine maintenance, in a maintained area, should be removed in a timely manner. Generally, absent intervening inclement weather that may pull crews from maintenance activities, it is reasonable to expect normal maintenance trimming debris will be promptly removed within three calendar days. … The Commission views standard trimming practices differently from restoration of…

IURC Tree Trimming Order (Part 3)

| Jan 10, 2011 |

When discussing standard clearances, the Commission stated: “Simply put, a “one-size-fits-all” approach is not appropriate. Furthermore, the record demonstrates that there already are nationally recognized industry standards and best practice vegetation management standards and practices for tree trimming which the Respondents follow. …The record also establishes that the adoption of a uniform statewide minimum clearance distance would increase costs and…

IURC Tree Trimming Order (Part 2)

| Jan 6, 2011 |

Here are some of the key comments and statements contained in the Order: “…we find that vegetation management plays a key role in keeping lines and facilities clear of trees and brush, and helps to reduce the number of service interruptions to Indiana consumers. We find Respondents understand and have incorporated this goal into their respective VMPs. We further find…

IURC Tree Trimming Order (Part 1)

| Jan 3, 2011 |

On November 30, 2010, the IURC issued its 111 page tree trimming order in cause number 43663. Some of the mandates of the Order apply to all regulated utilities, including the regulated REMCs and other portions which are referred to a rule making do not apply directly. It is clear from the Order that the Commission carefully considered the testimony…

Indiana Water Utility Lawyers: Indiana Court of Appeals Reviews IURC Decision Water Utility Law Case in Dep’t of Waterworks v. Community School Corp. of Southern Hancock County By: Jeremy L. Fetty

| Nov 29, 2010 |

In Dep’t of Waterworks v. Community School Corp. of Southern Hancock County, the Indiana Court of Appeals recently affirmed the trial court’s holding that a school may connect a new facility to an existing water main through the use of a service pipe instead of using a water main extension. Dep’t of Waterworks for Consol. City of Indianapolis v. Cmty.…

Constructive Fraud in Indiana

| Sep 1, 2010 |

The Indiana Court of Appeals recently shed more light on what constitutes a “special relationship” necessary for a plaintiff to establish constructive fraud without proving the five traditional elements of constructive fraud. American Heritage Banco, Inc. v. Cranston, 928 N.E.2d 239 (Ind. Ct. App. 2010). Indiana case law on constructive fraud is, quite frankly, a mess. There are at least…

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