Responsive Solutions | Utility Update September 2008
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Image Bingham McHale at Forefront
of Alternative Energy

From the first wind farm in Benton County to three of the state's ethanol plants, Bingham McHale has been a part of the alternative energy boom in Indiana. Members of the Utility Team and Agribusiness & Renewable Energy Team have assisted with real estate, financing and local government matters.

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Image Floyd County Court Overturns Utility’s Efforts to Condemn Property

In January, the Floyd County Circuit Court ruled that a local public utility did not meet the requirements to take property through eminent domain because the utility had not demonstrated an “immediate need or present need” for the private property.

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Image Supreme Court Issues Another Annexation Decision

Over the past year, Indiana courts have issued several annexation decisions that make it easier for municipalities to annex nearby territory.  These decisions lessened the burden on municipalities when municipalities decide annexation is in their best interest.

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Image OEA Decision Bars Use of
Out-of-State Conviction as Basis
of Action to Revoke Wastewater Operator's Certificate

According to a recent OEA ruling, IDEM cannot use an out-of-state conviction to revoke a wastewater operator's certificate.

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Utility Attorneys
Randolph Seger, Chair
Sue Beesley
Andy Bowman
Phillip Fowler
John R. Gregg
Casey Holsapple
David McGimpsey
Christopher Taylor
Brian W. Welch
Christopher York


IDEM Commissioner
Gets New Power

In January, the Indiana Department of Environmental Management significantly expanded the Commissioner's jurisdiction to limit new utility connections. Under 327 IAC 4-1, the Commissioner now has the authority to limit new utility connections when a treatment plant is found to be discharging insufficiently treated wastewater as a result of poor operation and maintenance.


Municipal Bond
Anticipation Notes

Bingham McHale worked with the state legislature earlier this year to amend IC 8-1.5-2-19, which governs municipal bond anticipation notes (BANs). Now, municipalities are exempt from IURC jurisdiction for BANs that are payable within 12 months from their issuance.

Indianapolis - Downtown
2700 Market Tower
10 West Market Street
Indianapolis, IN 46204
P: 317.635.8900
F: 317.236.9907
Indianapolis - Keystone
8900 Keystone Crossing
Suite 400
Indianapolis, IN 46240
P: 317.635.8900
F: 317.236.9907
Jasper
212 West 6th Street
Jasper, IN 47546
P: 812.482.5500
F: 812.482.2017
Vincennes
112 North 7th Street
Vincennes, IN 47591
P: 812.886.9970
F: 812.886.0776