Parr Richey Frandsen Patterson Kruse LLP Legal Blog

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.…

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…

‘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…

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…

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…

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…

Experience has shown that motor vehicles occasionally collide with utility poles located along roads and highways. Causes can include driver error, icy road conditions, animal dart out, and collisions with other vehicles. Bodily injury sometimes results and that brings the prospect of litigation. Those injured may look to the utility for potential recovery. Electric cooperatives must be prepared to investigate…