Performance Services, Inc. v. Randolph Eastern School Corporation
── Performance Services, Inc. v. Randolph Eastern School Corporation ──
Case No.: 23S-CP-00059
Court: Indiana Supreme Court
Date: June 28, 2023
Author: Justice Loretta Rush
County of Origin: Randolph
Category: Civil
Decision: Affirmed
In 2008, Performance Services, Inc. approached Randolph Eastern
School Corporation (RESC) about constructing a wind turbine. Following
school-board approval the following year, the parties entered into a
contract to undertake the project.
Performance agreed to construct and operate the turbine, sell the
generated power and renewable energy credits on the open market, “pay
all costs of operating, maintaining and insuring” the turbine, receive the
applicable tax credits, and provide RESC with access to the turbine for
educational purposes.
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