Judge rules Monroe County can’t block I-69 work at night

For the time being, Monroe County officials won’t be using a noise ordinance to shut down nighttime construction work on the I-69 project.

Marion Superior Court Judge David Dreyer issued a preliminary injunction Monday that allows the Indiana Department of Transportation to resume work on the controversial freeway project at night — beeping backup alarms and all.

Neighbors, some of whom are longtime opponents of the freeway project, had complained to Monroe County officials that those backup alarms and other construction noises were keeping them up at night. The county changed its noise ordinance in response.

Faced with up to $7,500 fines per violation, INDOT’s contractors shut down nighttime work, saying they couldn’t run their equipment and keep workers safe without the backup signals.

INDOT sued, saying it needed to work at night to finish the $100 million section of the freeway on time. INDOT alleged the ordinance violates Indiana’s Home Rule Act, which prevents a county from imposing burdens on the agency or regulating matters that fall under INDOT’s purview.

At a hearing last week, officials said a nighttime work stoppage could cost the state more than $6 million and push back the opening of the road from its November 2015 target date by half a year or more. The state’s attorney noted that Monroe County officials had long opposed I-69.

Dreyer agreed to issue the temporary injunction, saying the law appeared to be on INDOT’s side. He also cited safety threats to workers and the potential costs to taxpayers.

“INDOT remains committed to working with Monroe County and its residents to minimize noise in a way that honors existing legal and contractual obligations and best serves the interests of all stakeholders,” INDOT spokesman Will Wingfield said in a statement.

Monroe County Commission President Patrick Stoffers couldn’t be reached for comment, so it’s not clear whether the county will challenge a permanent injunction.

Call Star reporter Ryan Sabalow at (317) 444-6179. Follow him on Twitter: @ryansabalow.