Judge: Rezoning of Oconomowoc land to block hospital invalid

Waukesha Freeman, May 25, 2006

By GM Today Staff

WAUKESHA - In a decision hailed as a victory by Aurora Health Care, a judge today declared Oconomowocs 2001 rezoning of 43 acres of land in Pabst Farms to block construction of a new hospital invalid.

Waukesha County Circuit Court Judge James R. Kieffer also ruled that Oconomowoc officials violated the states open meetings law in not properly posting in public a meeting where the potential construction of a new Aurora hospital was discussed. Kieffer also ruled that Oconomowoc is not immune from facing damages in the 5-year-old case because the Oconomowoc City Council knew its decision blocking construction of the hospital would harm Aurora, yet proceeded anyway in changing zoning on the proposed hospital site from "suburban commercial" - which would allow for the hospitals construction - to "suburban industrial."