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Saturday, November 15, 2008
Ind. Courts - "Judge rules she will stick with hospital zoning suit"
James D. Wolf Jr. reports today in the Gary Post-Tribune:
VALPARAISO -- The corporation that now owns Porter hospital can legally join a lawsuit brought against Porter County officials by the Liberty Landowners Association.Bob Kasarda of the NWI Times has a story today headed "Judge to remain in hospital suit." The stroy begins:Judge Mary Harper also will not recuse herself from the case because her ex-husband, County Commissioner Robert Harper, is one of the defendants in the case.
Judge Harper made those determinations Friday morning in the case where the landowners association is suing the county commissioners for rezoning land northwest of the intersection of Indiana 49 and U.S. 6 so that Porter hospital can build a new facility.
However, the legal wrangling before the final hearing still isn't over.
On Dec. 9, both parties return to court on the plaintiff's motion to compel the defendants to answer written interrogatories sent to the commissioners and to hospital officials.
The wife of County Commissioner John Evans works as a hospital official, raising possible conflicts of interest, landowners association attorney Martin Lucas said.
Then, attorneys for the county and for the hospital plan to argue whether the landowners association has the right to sue the county officials for the rezoning.
Judge Harper declined to remove herself as judge from the case because she and the commissioner have been divorced for more than 20 years, have no minor children together and have no financial interests in common, she said.
"I'm not finding that I should treat this case any different than any other BZA or board of commissioners cases that have come through the court," she said.
Attorneys for the hospital and county said Northwest Indiana Health Systems, the hospital owners, have a financial stake in land, construction and a four-year contract to build a new hospital because of the suit.
Porter Circuit Court Judge Mary Harper denied a motion Friday to step aside from hearing a lawsuit seeking to block the construction of a new Porter hospital at Ind. 49 and U.S. 6.The Liberty Landowners Association argued there is a conflict since Mary Harper was once married to Porter County Commissioner Bob Harper, who along with the other two commissioners is the target of the landowners' suit.
County attorney Gwenn Rinkenberger said she successfully argued there is no conflict since the judge and commissioner are no longer married.
The judge did grant another motion allowing Northwest Indiana Health Systems -- Porter hospital -- to enter the legal dispute. The dispute had been between the commissioners and landowners.
The landowners association, which is represented by North Judson attorney Martin Lucas, opposed the request, arguing the health care provider has failed to show its interests would not be adequately represented by the commissioners.
Rinkenberger filed an additional motion asking the judge to dismiss the lawsuit on grounds the landowners association does not have legal standing.
Lucas said there are a variety of interpretations on legal standing in the law. "I think we should have standing," he said.
Posted by Marcia Oddi on November 15, 2008 03:20 PM
Posted to Indiana Courts