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DUKE ENERGY v. BELLWETHER PROPERTIES

Court of Appeals Case No. 21A-CT-1848.

192 N.E.3d 1003 (2022)

DUKE ENERGY INDIANA, LLC, Appellant-Defendant, v. BELLWETHER PROPERTIES, LLC, individually and on behalf of all others similarly situated, Appellee-Plaintiff.

Court of Appeals of Indiana.

FILED August 3, 2022.

Attorney(s) appearing for the Case

Attorneys for Appellant: Alan S. Brown , Maggie L. Smith , Darren A. Craig , Frost Brown Todd, LLC, Indianapolis, Indiana.

Attorneys for Appellee: William N. Riley , Russell B. Cate , Sundeep Singh , RileyCate, LLC, Fishers, Indiana, Lonnie D. Johnson , Belinda R. Johnson-Hurtado , Clendening Johnson & Bohrer, P.C., Bloomington, Indiana.

[1] Bellwether Properties, LLC, planned to build a warehouse on its property, but Duke Energy, Indiana, LLC, informed Bellwether that the design violated electrical safety codes adopted by the Indiana Utility Regulatory Commission. Bellwether built a slightly smaller warehouse and

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