Utility’s lawsuit against city denied

Work on a new connecting road on the east side of Franklin can proceed, after the Indiana Court of Appeals ruled in the city’s favor in a lawsuit filed earlier this year that had halted the project.

The project, which connects Country Club Lane and Longest Drive with King Street, was challenged in a lawsuit filed by Duke Energy. The utility said they did not agree to the project, and that the road would put more traffic near its utility pole.

The utility asked a local court to stop the project, which the court denied, and Duke Energy appealed. The project was put on hold by the local court while that appeal was considered.

Last week, the appeals court ruled in favor of the city of Franklin, saying the utility lacks standing to challenge the city on the project, according to the ruling.

Now, the city will need to get the hold on the project lifted by the local court, and wait for warm weather to return before construction can continue, Mayor Joe McGuinness said.

Duke Energy is analyzing the decision, spokeswoman Angeline Protogere said.

Duke Energy has an easement for a power pole at the intersection of Country Club Lane and Longest Drive and didn’t agree to the project, because officials were concerned that added traffic would make work and repairs to the pole more dangerous and difficult. City officials had argued they didn’t need the utility’s approval and started work, which was when Duke Energy filed the lawsuit, asking the local court to halt the project.

The lawsuit delayed the construction of the road, which is part of a revitalization project on the city’s east side. And this ruling puts the city back on track, McGuinness said. Work was already done to connect Longest Drive to Paris Drive, just west of Interstate 65.

Residents and local businesses want this road, and the project has a lot of public support, McGuinness said. Officials have said the project will eliminate 90-degree turns in that area and also take traffic headed to the golf course, offices or Hillview Country Club off of residential streets.

And the overall east side project could be a big boost to economic development in the area near I-65, he said.

The city already built a roundabout on Paris Drive, which connects with restaurants and other businesses off King Street, near the interstate. Future plans include adding trails, decorative lighting and landscaping and utility work to prepare the area for future development.