Aurora appeals town of Summit hospital ruling; town next

Waukesha Freeman, May 3, 2006

By ERIK BROOKS
Freeman Staff

TOWN OF SUMMIT Aurora Health Care has appealed its lawsuit against Waukesha County and 21 county board supervisors over the health systems failed plans to build a new hospital in Pabst Farms.

On Tuesday, Aurora gave the Waukesha County Circuit Court notice of its plans to take the case to the District II Wisconsin State Court of Appeals.

The town of Summit which joined with Aurora in the lawsuit over the county boards decision to block construction of the hospital also plans to appeal the case after the town board voted unanimously in April to do so, town Chairman Leonard Susa said.

The circuit court had not received its notice of appeal as of late Tuesday afternoon.

Word of the appeals comes more than a month after Waukesha County Circuit Court Judge Mark S. Gempeler threw out a lawsuit in which Aurora and the town claimed the county board acted improperly in overturning the town boards decision to allow construction of the $85 million, 88-bed hospital.

Gempeler ruled the county board was within its duties in voting to deny zoning and master plan changes necessary for the new hospital to be built on 53 acres near the intersection of Interstate 94 and Highway 67.
Aurora spokesman Jeff Squire said Gempeler erred both procedurally and substantively and also failed to address the important issues raised in the lawsuit.

The Aurora appeal argues that Gempeler erred by refusing to ascertain the purpose behind the boards decision and raised questions whether the county had sufficient evidence to overturn the town decision.

It also asks the court to review whether the county board even could have considered health care considerations in making its decision, among other questions.

Susa said the town and Aurora plan to pursue their appeals on similar grounds.

County Supervisor Kathleen Cummings, one of 21 current and former supervisors named in the lawsuit after voting against the hospital plans, said she was disappointed, but not surprised, by the decision to appeal.

I hoped it was put to rest, but I was cautioned it wouldnt be, she said. We looked at the information presented to us, and we made a decision based on the information.

The reason the county has a say is because they are a town. When a person lives in a town, it is a choice. I live in a city. I want to have that say.

Susa, however, said the town is interested in proving a larger point with its appeal that the decisions made on the town level do matter and should not be overturned illegally.

Its not just Aurora, he said. The Aurora thing just kicked us in the pants.

Added Susa, We have been told were second-rate, that were not smart enough to do it. I am doing what I think is right for the town of Summit.

Aurora first proposed to build the hospital in April 2004.

That December, the town board backed the project 5-0, sending the issue to the county board, which has oversight over town approvals.

The county board overwhelmingly voted down the project.

Aurora and the town sued, claiming that county officials considered areas outside of land use, like competition for locally based ProHealth Care, in rejecting the development.

Aurora also has a separate lawsuit against Oconomowoc over failed plans to build a hospital there in 2001. In that suit, Aurora claims Oconomowoc officials illegally and secretly used the zoning process to block construction of another Pabst Farms hospital.

A status conference in that case is scheduled for May 11. A final pretrial hearing is set for Oct. 9.