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Indiana sues county over I-69 noise ordinance

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The Indiana Department of Transportation is suing the commissioners of a southern Indiana county, saying they have no authority to limit construction of the Interstate 69 extension near Bloomington with an ordinance that restricts overnight noise.

The lawsuit filed in Marion Superior Court in Indianapolis says the Monroe County ordinance limiting noise between 10 p.m. and 6 a.m. is hindering the project that's behind schedule and where some work goes on overnight to catch up.

Contractors already are bound by noise restrictions under their contracts, INDOT spokesman Will Wingfield told The Indianapolis Star. The ordinance approved June 20 has caused delays and it's difficult to say when new stretches of the freeway near Bloomington might open to traffic, he said.

"Certainly, we won't be able to put out an updated estimate until this matter is resolved," Wingfield said.

The agency's complaint filed Friday says "at least one INDOT contractor has threatened to alter its work schedule and cease work during certain hours in reaction to ... the ordinance."

INDOT alleges the ordinance violates Indiana's Home Rule Act, which prevents a county from imposing burdens on the agency or regulating matters that fall in INDOT's purview. INDOT is asking for a temporary restraining order barring the ordinance. A hearing is scheduled for Wednesday.

A message seeking comment was left for Monroe County attorney Dave Schilling.

Contractors currently are working on the fourth section of the extension that eventually will link Indianapolis and Evansville. The section stretches from Greene County to Bloomington and goes near the homes of some of the project's most strident opponents.

Thomas Tokarski, who has helped file legal challenges to stop the entire I-69 extension, said he and others often called the sheriff to complain about the nighttime noise before the ordinance went into effect. He said INDOT's request for a restraining order was another example of INDOT bullying him and his neighbors.

"It's simply not acceptable," he said. "It's a complete lack of consideration for the lives of people who live out here. You would not believe the noise that goes on at night. All night long when they're working like that. You cannot sleep."

Under the ordinance, violators can be fined up to $2,500 for a first offense or up to $7,500 for additional violations.

INDOT has butted heads with Monroe County officials previously over the extension. The Bloomington/Monroe County Metropolitan Planning Organization approved a local transportation plan in 2012 that omitted 1.75 miles of the project, threatening federal funding, before later narrowly approving its addition to the local plan.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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