Court upholds County Board's vote on hospital

Oconomowoc Focus, Mar. 28, 2006

Jonna Clark, staff writer

Waukesha - Aurora Health Care and the Town of Summit lost a key court battle last week in their ongoing struggle to build an $85 million hospital in Pabst Farms.

Waukesha County Circuit Court Judge Mark Gempeler upheld the April 2005 County Board vote rejecting Aurora's hospital proposal.

Gempeler dismissed Aurora's claim that the County Board's decision was "arbitrary and capricious" in a lawsuit filed by Aurora and the Town of Summit against Waukesha County and 21 county supervisors.

Gempeler spoke for 30 minutes on his decision, and said he did not believe that the court should speculate on motives of individual County Board executives, saying they were immaterial in the case, adding that such study could "intolerably enmesh courts in endless speculation."

Gempeler said to do so could also have the effect of inhibiting governmental bodies from the free exchange of ideas and expression.

Gempeler also said it is the County Board's function to consider the broader issues and impacts of development on the county's economy and environment.

Aurora spokesman Jeff Squire said the decision was disappointing.

"We believe the judge erred both procedurally and substantively, and did not address the important fundamental issues in this case," Squire said in a statement released last week.

County Executive Ken Herro of Oconomowoc disagreed.

"The citizens and legislators of Waukesha County have spoken," he said. "This is the democratic process, and I represented the constituents the way they wanted me to in order to ensure a strong vibrant Waukesha County."

The proposed hospital has been controversial, with opponents of the plan, including ProHealth Care, maintaining that another hospital within three miles of Oconomowoc Memorial Hospital is not needed and would only add to rising healthcare costs for residents.

In May 2005, Aurora and the Town of Summit filed the lawsuit against the county and the supervisors after the Waukesha County Board voted against a change to the town's master plan, which would have allowed Aurora to build.

In December 2004, the Town Board approved the master plan changes.

The lawsuit alleged the County Board acted illegally in turning down the proposed 88-bed hospital proposed for a parcel of land at the southeast corner of I-94 and Highway 67 in Summit.

Aurora agreed to purchase land from Pabst Farms developers in 2003 and announced plans for its hospital in April 2004 in the Town of Summit.

In 2001, the City of Oconomowoc rezoned a parcel of land in Pabst Farms to keep Aurora from building its hospital within the city.

Aurora announced plans to build the proposed hospital in March, the city rezoned the parcel in the Spring 2001, and Aurora filed suit against the city in August.

The lawsuit was put on hold in 2004 while Aurora pursued plans to build the hospital on the other side of I-94 in the Town of Summit.

"The Town of Summit and Aurora are confident that we will prevail on appeal," Squire said. "Aurora remains fully committed to bringing a 21st century medical center to western Waukesha County."

In addition to the litigation, the town is in the early stages of preparing to apply to the state for village status as a means to free its decision-making process from the oversight of the County Board.