Aurora Uproar

WisPolitics.com, Apr. 6, 2006

The recent decision by a Waukesha County circuit court judge to dismiss a suit by Aurora Health Care against the Waukesha County Board over a proposed hospital sitting in western Waukesha County is hardly the end of the matter.

Aurora spokesman Jeff Squire says the company will appeal.

Aurora sued the board and its 35 supervisors in May 2005 after an April decision to deny a rezoning request to Aurora for a parcel at the Pabst Farms development in the Town of Summit.

The Town of Summit and the county's planning staff both recommended the rezoning, but supervisors voted against it. Many cited their belief that the hospital would spark increased health care costs.

Aurora contends that such matters are outside the board's purview and it should have ruled simply on the merits of the site plan.

Judge Mark Gempeler said Aurora failed to demonstrate in its suit that the board's decision "was an arbitrary and capricious action."

The battle over the $85 million, 88-bed facility has proven to be one of the most contentious issues the board has faced in the past decade. Public hearings that lasted for many hours were held at the Waukesha County Expo Center and at the Waukesha County Courthouse. Radio ads have aired.

The debate has been prolonged by the tenacious opposition by ProHealth Care, Inc., which operates the county's two main hospitals, in Waukesha and Oconomowoc.

ProHealth Care Chief Executive Officer Ford Titus wields considerable influence in the county, with himself and other corporate officers serving on many boards and organizations.

Aurora's Squire called the judge's decision "disappointing" but added, "We believe the judge erred both procedurally and substantively and did not address the important issues in this case. The town of Summit and Aurora are confident that we will prevail on appeal."

Aurora also has another suit pending against the city of Oconomowoc. Aurora first tried to locate the hospital in a 43-acre parcel of the Pabst Farms development that lies within the city. But the city in 2001 instead rezoned that part of the site so the hospital could not be built there, leading to a suit by Aurora. That suit was placed on hold while Aurora sought to locate at the town of Summit parcel.

But Squire says that suit will now proceed, with a hearing likely to be held in the fall. "With regard to the Oconomowoc case, we're just waiting for (Circuit Court Judge James) Kieffer to rule on the motions in the case. Regardless of how he rules, the case will move forward."

Squire said Aurora was already filing reports by expert witnesses in that case. "Aurora remains fully committed to bringing a 21st century medical center to western Waukesha County," he said.

As proof of that, Aurora has continued its extensive public relations efforts in local print and electronic media.