Aurora finally wins one
Oconomowoc Focus, May 31, 2006
Jonna Clark
Staff Writer
City of Oconomowoc - The "dueling rulings" in the Aurora Health
Care hospital legal saga continued last week with a surprising
victory for the provider.
Waukesha County Judge James Kieffer decided last Thursday that
the City of Oconomowoc illegally rezoned land as a means of blocking
Aurora's bid to build an 88-bed hospital in Pabst Farms.
In response, Aurora "hotfooted" an application for a special use
permit over to City Hall that same afternoon, and officials said
they would like to start construction on Parcel Five as soon as this
fall.
In December 2001, Judge Kathryn Foster ruled just the opposite,
saying that the City had done no wrong.
 Specifically,
Aurora's attorneys have argued that the city violated open records
laws by not complying with Aurora's requests for minutes from closed
meetings.
An affidavit from former council member Jerry Erdmann testified
that officials had discussed how to keep a hospital from the
proposed site.
At a hearing in February, Kieffer, the third circuit court judge
to get the suit, got agreement from attorneys on both sides to agree
on his authority to reconsider and possibly overturn past rulings.
Aurora contends in 2001 the city violated open meetings and
public notice laws put in place by the state, and zoning ordinances.
Aurora's Susan Ela, president of the Kettle Moraine region, said
they will move forward based on Kieffer's decision.
In 2001, the city rezoned a parcel of land in Pabst Farms, which
made the possibility of building a hospital there impossible.
Aurora announced plans to build the proposed hospital in March of
2001, the city's rezoned the parcel in 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 on a piece of Pabst
Farms in the Town of Summit.
Opposition to the new hospital has come from some residents,
business organizations and ProHealth Care, which operates
Oconomowoc Memorial Hospital a mere three miles from the proposed
building site.
In April 2005, the Waukesha County Board voted against amending
the town's master plan to allow Aurora to build a hospital, and
Aurora and Summit launched a suit against the county.
As
for Aurora's partnership with Summit, Ela said for now they are
focusing on the city site.
Town of Summit Planner Henry Elling said he was very surprised by
Kieffer's ruling, but agreed with the accuracy of the decision.
Elling also said the town will continue its appeal with the state
court for the right to determine land use.
As for the city, Mayor Maury Sullivan and Administrator Diane
Gard said they too were taken by surprise.
Though limited by what they could say, Sullivan said he and the
Common Council and city attorneys will meet soon to review the
situation.
As for options in the face of the ruling, Sullivan said the city
might choose to appeal the decision.
"It is too early to say what course of action we will take," he
added.
As for ProHealth, spokesperson Sandra Peterson said they will
continue stringent planning practices, based on community need, not
as a response to Aurora's plans.
ProHealth recently announced major renovations and expansions for
OMH and their Oconomowoc medical center.
"These
renovations will meet the healthcare needs of our community for $37
million without the need for a $166 million redundant hospital and
its purely duplicative services," Peterson said.
Ela said this decision clears a path for Aurora to keep a promise
to the people of the area to bring a 21st-century medical center to
Western Waukesha County.
Unless of course, the city appeals the ruling and yet another
judge gets a chance to have his or her say.
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