Duke seeks to dismiss Johnson County complaint

In response to the complaint lodged by a group of Johnson County residents concerning the proposed construction and operation of electric facilities in White River Township, Duke Energy Indiana has presented several key objections. Duke denies all allegations made in the complaint and states the company has initiated a condemnation proceeding in Johnson County Superior Court under Cause No. 41D04-2309-PL-000129.

Prior to initiating the proceeding in Johnson County, Duke made an offer to acquire the 8.824-acre property near State Road 135 and Whiteland Road in Greenwood, Indiana. The property owner, Whetstone Branch LLC, which is owned by Mr. Michael Stout, had thirty days to accept the offer before Duke could proceed with the condemnation. During that 30-day period, Mr. Stout and other Johnson County residents submitted their complaint to the Commission.

According to documents filed with Johnson County as part of the condemnation proceeding, Duke sought to acquire the property from Mr. Stout for $600,000, but that amount was not accepted, and the parties have been unable to agree on a purchase price. Property records indicate Whetstone Branch LLC is the owner of approximately 114 acres in the area in question with an assessed value of approximately $257,500.

Duke has filed a motion to dismiss the complaint. They are urging the Commission to both grant their motion to dismiss and to reject the Complainants' plea to halt the planning, site work, and construction of the electric facilities on the designated property for the upcoming switching station.