Duke Energy Indiana, LLC v. Town of Avon, Indiana

Najam, Judge.

Statement of the Case

In June of 2016, Duke Energy Indiana, LLC (“Duke”) filed a complaint against the Town of Avon (“Avon”) with the Indiana Utility Regulatory Commission (“IURC”). In its complaint, Duke disputed Avon’s authority to order Duke to remove, at Duke’s own cost, utility poles, power lines, and other equipment located either on land owned by Avon or in Avon’s rights-of-way. Howéver, prior to Duke filing its complaint with the IURC, Avon had filed á complaint for déclaratory judgment against Duke' in the Hendricks Circuit Court on the same questions. The IURC dismissed…