Order, Duke Energy Indiana, LLC v. Bellwether Properties, LLC, No. 21A-CT-01848 (Ind. June 23, 2023)
Order, Duke Energy Indiana, LLC v. Bellwether Properties, LLC, No. 21A-CT-01848 (Ind. June 23, 2023)
situated, CLERK
Indiana Supreme Court
Appellee(s). Court of Appeals
and Tax Court
Order
This matter has come before the Indiana Supreme Court on a petition to transfer
jurisdiction, filed pursuant to Indiana Appellate Rules 56(B) and 57, following the issuance of a
decision by the Court of Appeals. The Court has reviewed the decision of the Court of Appeals,
and the submitted record on appeal, all briefs filed in the Court of Appeals, and all materials
filed in connection with the request to transfer jurisdiction have been made available to the
Court for review. Each participating member has had the opportunity to voice that Justice’s
views on the case in conference with the other Justices, and each participating member of the
Court has voted on the petition.
Being duly advised, the Court DENIES the petition to transfer.
6/23/2023
Done at Indianapolis, Indiana, on ___________ .
Loretta H. Rush
Chief Justice of Indiana
Bellwether claims that Defendant, Duke Energy Indiana, LLC, took its
property when Duke notified Bellwether that its proposed construction of
a warehouse on its own property would interfere with an electrical-
transmission-line safety clearance the utility regulatory commission
imposed on Duke, a regulated Indiana utility. In response to Duke’s
notice, Bellwether modified its proposed construction plans to
accommodate Duke’s existing transmission line and the commission-
mandated safety clearance. Bellwether’s theory of this case is that Duke’s
notification—not the commission’s regulation—effected a physical
invasion of Bellwether’s property for which Duke owes just compensation
under federal and state law. Bellwether specifically disavowed that its
property was the subject of a regulatory taking.
Indiana Supreme Court | Case No. 21A-CT-1848 | June 23, 2023 Page 1 of 1