IMPORTANT UPDATE ON TOWN OF SUMMIT LAWSUIT AGAINST WAUKESHA COUNTY
Q What is the situation?
A The Town of Summit Board has filed a lawsuit against Waukesha County alleging the Waukesha County Board went beyond its legal authority by rejecting the Town's approval of Aurora's proposal to build a hospital in the Town on the southern portion of Pabst Farms. The lawsuit was filed May 23 in Waukesha County Circuit Court. The Town Supervisors voted unanimously to file this lawsuit.
After considering a positive recommendation by the Town of Summit Plan Commission; holding several public hearings; getting the input of residents, experts and others; and extensively reviewing the proposal, the Town Board unanimously voted in December 2004 to approve Aurora's proposal. Contrary to the Town's decision, the Waukesha County Board rejected it on a 11-21 vote at its April 26 Board meeting.
The Town expects Waukesha County to file a written response to the complaint by early July, and anticipates the litigation process to take at least a year.
Q Why did the Town of Summit file a lawsuit against Waukesha County?
A The Town of Summit filed a lawsuit against the County to protect our Town's right to determine its own future, our right to determine how we want our Town to look 50 years down the road and what we want at its gateway. The Town of Summit Board carefully and thoroughly reviewed other options in relation to the proposal and determined the Waukesha County Board left the Town with no choice but to take legal action.
Q What is the legal basis for the Town of Summit lawsuit?
A The Town believes the County Board went beyond its legal authority and rejected the Town's decision on inappropriate, illegal grounds. The County Board's decision was based on opinions that related to regulating the health care industry, dictating competition and trying to control health care costs. Legally, the County Board's decision was to be based on land use only.
While the Town Board is sympathetic to rising costs and problems in the health care industry, our decisions have to be based on the law. Neither the Town Board nor the County Board has the legal authority to use this case as an attempt to solve the problems in the health care industry.
As such, in the suit, the Town asks the County Board's vote to be declared null and void and to allow the Town of Summit's land use and zoning decisions to stand.
Q How much is this lawsuit going to cost Town of Summit taxpayers?
A The Town's legal fees and other expenses for experts and related costs have been and will continue to be paid by the applicant, Aurora Health Care. This type of agreement is common when working with developers. Going forward with this lawsuit will not come at Summit's expense.
At the same time, it is important to note that the Town still maintains its independence in making judgments related to this case so the Town's best interest stays protected.
Q How will this situation impact the relationship between the Town and County?
A The Town of Summit is disappointed that legal action was necessary in this situation, but we still respect Waukesha County. We will continue to work closely with the County on other matters, and we fully expect the County to do the same. We're all doing our jobs and expect that will continue. The Town and County staffs get along well and are very professional, and the boards respect each other.
Q What's next?
A The next step is to let the legal process take its course. This case has been assigned to Waukesha County Circuit Judge Mark Gempeler, and we anticipate Waukesha County will file a written response to the complaint by early July. This case is a complicated one, and we'll keep you updated on how it proceeds.
