ILNews

Indiana sues county over I-69 noise ordinance

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

ADVERTISEMENT