In May 2017, Will Riley argued in front of the Indiana Supreme Court on behalf of Bellwether Properties, LLC on an inverse condemnation issue against Duke Energy. Previously, the Monroe Circuit Court dismissed Bellwether’s complaint against Duke Energy for inverse condemnation, concluding the complaint was barred by the statute of limitations.
A majority of the Court of Appeals reversed, concluding Bellwether’s action did not accrue upon the enactment of the regulation expanding the clearance for electric lines, and under the discovery rule the complaint was timely. Bellwether Props., LLC v. Duke Energy Indiana, LLC, 59 N.E.3d 1037 (Ind. Ct. App. 2016), vacated.
The Indiana Supreme Court granted transfer and assumed jurisdiction over the appeal. On December 20, 2017, the Indiana Supreme Court reversed the trial court’s dismissal and remanded the matter back to Monroe County Court to be tried. Links to the Oral Argument and Supreme Court Opinion are found below:
Sup. Ct. Oral Argument: https://mycourts.in.gov/arguments/default.aspx?&id=2073&view=detail&yr=&when=&page=1&court=&search=bellwether&direction=%20ASC&future=True&sort=&judge=&county=&admin=False&pageSize=20