On June 28, 2023, the Indiana Supreme Court clarified the meaning of the word “invest” in the context of a contract between a public school corporation and a private company regarding the development and operation of a wind turbine project. The contract obligated the school to make payments over a 20-year period totaling nearly $1.6 million. In exchange, the school…
On February 14, 2023, the U.S. Court of Appeals for the District of Columbia Circuit upheld an order from the Federal Energy Regulatory Commission (“Commission”) granting Broadview Solar, LLC’s (“Broadview”) application for its Montana facility to be a qualifying facility under the Public Utility Regulatory Policies Act of 1978 (“PURPA”), holding that FERC’s interpretation of 16 U.S.C. § 796(17)(A) was…
Recently, the Indiana Court of Appeals decided whether a couple was truly aggrieved, which is a required condition to petition for judicial review of a zoning decision, when they lost their view of Lake Michigan. The Shinalls own a hilltop property with a view of Lake Michigan visible over the roof of the Tarpos’ current home. The Odgen Dunes Zoning…
On March 24, 2023, the 5th Circuit Court of Appeals held that § 254 of the Telecommunications Act of 1996 (the “Act”) did not violate the nondelegation doctrine or the private nondelegation doctrine, denying the Petitioners challenge to Congress’s delegation of administering the Universal Service Fund (“USF”) to the Federal Communications Commission (“FCC”) and the FCC’s reliance on a private…
The property damage and injury attorneys at Parr Richey are continuing to monitor the aftermath of the devastating fire at the plastics recycling facility in Richmond, Indiana that started on April 11, 2023 and continued for an extended period of time to cause large volumes of toxic, hazardous materials to spew into the air.
The February 3, 2023 catastrophic derailment of a Norfolk Southern freight train at East Palestine Ohio is a prime example of the need to properly characterize and declare hazardous materials for shipment. When accidents happen during transportation, first responders and affected citizens have an urgent need – and a statutory right – to know what chemicals were involved, what emergency…
On February 1, 2023, the Indiana Court of Appeals affirmed the grant of summary judgment for Community Hospital of Anderson and Madison County (the “Hospital”), holding that Rubendall’s claims for negligence and invasion of privacy based on public disclosure of private facts failed as a matter of law pursuant to the Indiana Supreme Court’s decision in Community Health Network v.…
On October 21, 2022, the Indiana Court of Appeals held that objections to condemnation proceedings must state specific facts that support the assertions raised by the objections, noting that the special statutory character of eminent domain proceedings and inaction by the Indiana General Assembly necessitate greater factual specificity than what is required of pleadings under Indiana Trial Rule 8. The…
On January 4, 2023, the Indiana Supreme Court affirmed the Indiana Utility Regulatory Commission’s (“IURC”) approval of Southern Indiana Gas & Electric Company’s (“Vectren”) new instantaneous netting method (“Rider EDG”) of determining the amount of credit Vectren customers receive for their excess distributed generation of electricity, overruling the Indiana Court of Appeals. The central issue before the Court was whether…
On December 28, 2021, the Indiana Utility Regulatory Commission (“Commission”) approved a Transmission, Distribution and Storage System Improvement Charge (“TDSIC”) plan submitted by Northern Indiana Public Service Company (“NIPSCO”). Part of NIPSCO’s TDSIC plan included certain system deliverability projects, specifically NIPCO’s need to upgrade its Marktown substation and improve the distribution and transmission related system deliverability in the Nappanee area.…