The Liberty Landowners Association is appealing a Porter County Circuit Court ruling that found that the citizens group lacks standing to fight the county’s rezoning for a new Porter Hospital at Ind. 49 and U.S. 6.

The association’s attorney, Martin Lucas, filed the notice of appeal this morning in county court. The deadline for the appeal is tomorrow.

On April 8, Porter Circuit Court Judge Pro Tem James Sarkisian dismissed the suit brought against the county by the Liberty Landowners, who sought to challenge the Institutional zoning that the county commissioners approved 2-1 for the new hospital. The landowners claim that the new zoning violates the county’s Unified Development Ordinance because it is not compatible with the adjacent residentially zoned property.

But the court fight didn’t focus on the zoning decision, but on whether the Liberty Landowners even had the right to sue. Sarkisian ultimately agreed with the county and the hospital by ruling that the landowners lacked standing because the group doesn’t own property adjacent to the hospital site and thus, could not suffer a loss if the hospital is built there.

Lucas said the Liberty Landowners do not dispute that the group doesn’t own adjacent property. But he said the appeal will attempt to show that the lower court’s ruling was erroneous based partly on the “public issue” involved.

Lucas noted that in many zoning disputes, aggrieved property owners argue a loss of private rights. But in this case, the Liberty Landowners are not claiming that their private rights are being violated, but are raising a public issue of the impact of the hospital at the proposed site.

He said court rulings have found that citizen groups can, under certain circumstances, apply a doctrine that allows standing based on the public issue.

“We think that should apply here,” he said.

Lucas emphasized that the Liberty Landowners’ concern is over the zoning that was approved and is not directly fighting the hospital. The hospital had the right to seek the rezoning, he said, but added that the group contends that the commissioners erred by granting that request.

The case will now be assigned to the Indiana Court of Appeals.

Porter County officials sold the former county-owned Porter hospital to Community Health Systems in 2007, with the condition that a new hospital would be built within four years, providing at least 225 private rooms. The hospital identified the site at U.S. 6 and Ind. 49 as its ideal location for the new hospital; the site had been zoned rural residential before the commissioners voted 2-1 to rezone it to Institutional.

Posted 5/7/2009