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Judge To Decide On I-69 Noise Ordinance Within Days

The Indiana Department of Transportation is seeking a court order to bypass a county noise ordinance that it says is impeding construction of I-69.

i-69 construction

Photo: Dan Goldblatt/WFIU News

Construction equipment lines the I-69 route in Greene County.

A Marion County Superior Court Judge plans to decide whether to put a halt on Monroe County’s noise ordinance that aims to reduce noise coming from Interstate 69 construction.

The ordinance limits the noise that can be made between 10 p.m. and 6 a.m., and was approved last month after residents complained about how much noise I-69 construction crews are making at night.

Indiana Department of Transportation filed a motion for a temporary order to stop the ordinance last week, saying it is delaying the construction of I-69 and creates serious safety concerns if construction crews cannot use certain equipment that involves safety warning signals.

Judge David Dreyer heard arguments from INDOT and Monroe County relating to that motion today.

“At this point we’re trying to work productively and cooperatively with all parties to build this project efficiently and we haven’t been able to do that relative to the noise ordinance. That’s why we are here today,” says INDOT spokesman Will Wingfield. “We were pleased with the arguments we were able to make in the court and look forward to a quick resolution.”

INDOT is also arguing that counties cannot prevent a state agency from carrying out the tasks the state legislature has assigned it to do.

Monroe County’s legal counsel disagrees.

“I think the contractors are required to keep up on local ordinances and that’s something that’s required in any context,” Monroe County attorney David Schilling says.

After hearing arguments from both sides, Judge Dreyer did not immediately rule on the issue but said he plans to have a decision in before next week.

Jimmy Jenkins contributed to this report.

INDOT Motion Against Monroe County Noise Ordinance

Gretchen Frazee

Gretchen Frazee is a reporter/producer for WFIU and WTIU news. Prior to her current role, Frazee worked as the associate online content coordinator for WFIU/WTIU. She graduated from the University of Missouri-Columbia where she studied multimedia journalism and anthropology. You can follow her on Twitter @gretchenfrazee.

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