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OVERVIEW

Nicholas K. Kile
Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P 317-231-7768

F 317-231-7433

OVERVIEW

Nicholas K. Kile
Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P 317-231-7768

F 317-231-7433

With a commitment to understanding fully each client's mission, Nick Kile focuses on adding value to help them accomplish it. He seeks innovative solutions that are grounded in the law and fact, and align with the big picture business goals.

OVERVIEW

Nicholas K. Kile Partner

Indianapolis

11 South Meridian Street
Indianapolis, IN 46204-3535

P : 317-231-7768

With a commitment to understanding fully each client's mission, Nick Kile focuses on adding value to help them accomplish it. He seeks innovative solutions that are grounded in the law and fact, and align with the big picture business goals.

Nick is co-chair of the firm’s Energy, Telecommunications and Utilities team, which was ranked “Tier 1” on U.S. News-Best Lawyers Best Law Firms 2019 list in Indianapolis for energy law.

Nick concentrates his practice in two distinct substantive legal disciplines. He represents utilities before the Indiana Utility Regulatory Commission (IURC) in virtually all types of regulatory matters. His practice includes general rate cases, certificate of public convenience and necessity and other preapproval proceedings for environmental controls or capacity additions, mergers and acquisitions, territorial authorizations and disputes, and other facets of regulatory law. Notably, Nick has worked on nearly 100 general rate cases before the IURC covering virtually all sectors of utility service, such as electricity, gas, water and wastewater. His rate case experience ranges from some of the largest utilities in the state to some of the smallest.

Nick also focuses his practice on representing and advising municipalities and local units of government in utility, annexation, reorganization, funding and budget issues. He has more than two decades of experience advising and representing municipalities that are navigating the annexation process, and during that time has seen two major overhauls of the annexation code. Nick has worked on some of the largest and most complex annexations in Indiana’s history.

Nick is also committed to diversity and inclusion, having been awarded the firm’s Camille B. Conway Diversity Award for promoting diversity in his own practice and the community. In 2018, he participated in Diversity Lab’s Diversity in Law Hackathon, where his team developed the Pay Equity Pledge, which won “Crowd Favorite” and will be implemented across the nation and throughout the industry.

Decades of experience in the practice of law and a background in accounting aid Nick in conserving his client’s time and resources, and in answering even the most difficult or sophisticated questions quickly and succinctly. Nick strives to cultivate close working relationships with clients that go beyond just legal advice, and is appreciated by everyone around him for his cogent and persuasive arguments.

Professional and Community Involvement

Adjunct professor, College of Business, Butler University, 1993-1999

Member, Indiana State Bar Association

Member, 7th Circuit Bar Association

Various leadership roles, Indiana State Bar Association Utilities Section, Electricity Division and the Water and Sewer Division

Honors

The Best Lawyers in America, 2006-2019, Lawyer of the Year, 2013

EXPERIENCE
  • Days before the November 2008 election, the plaintiff sought an injunction preventing an issue from going on the ballot regarding the removal of the local water utility from the jurisdiction of the Indiana Utility Regulatory Commission. The trial court denied the injunction and dismissed. Manigault v. St. Joseph Election Board et al.
  • Defended IURC order declaring Indiana-American's right to provide service notwithstanding a municipal ordinance prohibiting the provision of service in certain areas.
  • In 2013, the Indiana General Assembly enacted legislation authorizing a utility to elect either a future test year or a hybrid (partially future and partially historic) test year in a rate case before the Indiana Utility Regulatory Commission. The firm represented the petitioning utility in the first case filed under this statute proposing a future test year.
  • Represented appellee telephone carrier in dispute over city’s power to enact ordinance and fee under Home Rule statute.
  • Represented City of Carmel in appeal challenging lower court's ruling in favor of landowner petition against proposed annexation; court reversed lower court.
  • Represented City of Carmel in appeal from lower court's decision in annexation remonstrance. The Court reversed the lower court's ruling.
  • Represented City of Carmel in appeal of lower court's finding that City's adoption of ordinance that annexed Steele's property was invalid; court reversed lower court's ruling.
  • Represented town in defending the validity of the town’s sewer service fee for out-of-town customers.
  • Represented Wind Dance Farm in AquaSource's appeal of lower court's decision granting partial summary judgment to Wind Dance in breach of contract suit; court affirmed lower court's decision.
  • Served as lead counsel for Zionsville, Indiana, in its efforts to merge with Perry Township and defended the merger against litigation filed by the town of Whitestown. The Indiana Supreme Court ultimately affirmed the merger.
  • Served as lead counsel in defending the rate challenge filed by out-of-town customers against the Indiana city of Speedway’s 50% out-of-town sewer rate surcharge. The Indiana Supreme Court ultimately affirmed the rate structure.
  • Served as lead counsel in Kokomo’s efforts to annex the interchanges along the new U.S. 31 corridor in Indiana.
  • Served as lead counsel in two annexations for the City of Logansport, Indiana, to annex the interchanges south of town to be accomplished by the construction of the Hoosier Heartland Corridor, which was ultimately affirmed on appeal.
  • Served as lead counsel representing the City of Carmel, Indiana, in its annexation of Southwest Clay Township, which was ultimately affirmed by the Indiana Supreme Court.
  • Served as lead counsel representing the City of Martinsville, Indiana, in annexing the surrounding area to secure the potential development from I-69, which was ultimately affirmed on appeal.
  • The firm's client, Town of Griffith, Indiana, will continue to enjoy the long-term wastewater treatment services contract it had in place for decades with the Sanitary District of the City of Hammond, Indiana, according to a recent decision by the Indiana Court of Appeals. The court held that Hammond’s sanitary district could not unilaterally cancel the contract because it no longer liked the terms.
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