Ohio Supreme Court Will Not Hear Cincinnati/Duke Case Concerning Streetcar

May 4, 2016

Credit Ann Thompson / WVXU

The Ohio Supreme Court is declining jurisdiction in the case between Cincinnati and Duke Energy concerning who should pay to move the company's utility lines and pipes for the streetcar project.  

That means an appeals court ruling from last year that the city is responsible for costs will stand.  

City Solicitor Paula Boggs Muething was asked to explain the decision Wednesday during City Council's regular meeting.

Boggs Muething said city officials are working to set a figure for the amount of the Duke utility work.

"There are a few outstanding issues to be resolved, mainly those that involve the actual costs, and whether they are acceptable costs under the FTA (Federal Transit Administration) regulations," Boggs Muething said.  "So we've had conversations with Duke related to that and we will continue that discussion."

Duke sued in 2013 saying the city was responsible for utility relocation costs.  The city argued the company was responsible.  

The city had set aside $15 million in an escrow account pending the outcome of the court case.