They dont lose often

Aurora, town of Summit to appeal hospital lawsuit dismissal

Waukesha Freeman, Mar. 24, 2006

By ERIK BROOKS Freeman Staff

WAUKESHA Aurora Health Care vowed to continue its fight to build a hospital in the town of Summit, even after a judge threw out its lawsuit against Waukesha County challenging the county boards decision last year to block construction of the complex.

Waukesha County officials also expect Aurora to press its case despite the ruling handed down Thursday by Waukesha County Circuit Court Judge Mark S. Gempeler.

Aurora, that is a big company, they have got plans, and they dont lose often, said District 24 Supervisor Bill Kramer, one of 21 county board supervisors named in the lawsuit who voted against county master plan changes necessary for the Aurora hospital to move ahead. I assume they have a Plan B and C.

Indeed, Aurora spokesman Jeff Squire said the health care system and town plan to appeal Gempelers decision. They hope to have a ruling by early 2007.

We are undeterred, Squire said. This is another step in a very long process.

Gempelers ruling called unexpected by several county officials interviewed for this story as it came based almost solely on written briefs arrived 11 months after the Waukesha County Board voted to block construction of the new $85 million, 88-bed hospital on 53 acres in Pabst Farms.

Aurora claimed the county board acted improperly in considering issues like health care costs and competition with rival ProHealth Care in voting to overturn a unanimous decision by the town allowing for construction of the hospital. County officials said they were within their duties in vetoing the towns decision, and Gempeler agreed.

The judge likened his role to that of a sports referee, not taking sides in the dispute, but instead making sure all the rules were followed in the decision. He said they were.

The court is not looking for perfection, he said. I have yet to see a perfect legislative process. ... While this was not a perfect review of the issues before the county board, I am satisfied that it passes muster in terms of the information that was available to them.

Some county officials credited Gempelers restraint. Waukesha County Executive Dan Vrakas credited Gempeler for not legislating from the bench and overturning the county board decision. The initial response of Supervisor Keith Harenda of Brookfield? Wow. I made my decision at the time based on the facts I had, Harenda said. The lawsuit, I never really thought twice about it. We are elected to do a job and make decisions and not be bullied into what may happen if we dont approve something.

Summit Town Chairman Leonard Susa, however, called the basis for the countys denial of the request from the town and Aurora inappropriate and illegal.

We still want Aurora, he said. And its not just Aurora. We want the ability to determine our own destiny. We want to be able to plan and do what we want in our community.

Squire said Gempeler erred both procedurally and substantively in making his decision and did not address the important fundamental issues in this case.

He stressed that Aurora is still committed to building a new hospital in western Waukesha County and has not given up building on the Summit site, nor on another 43-acre parcel in Oconomowoc. The Oconomowoc site, also in Pabst Farms, is the subject of a separate lawsuit in Waukesha County Circuit Court.

They have got a lot of money invested in it, said county Supervisor Andrew Kallin, Waukesha, of the Summit suit. They are not just going to go away, unfortunately.

ProHealth Care spokeswoman Sandra Peterson said the hospital system which operates Oconomowoc Memorial Hospital three miles from the proposed Aurora Summit site declined comment because ProHealth is not a party in the lawsuit.