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Saturday, November 05, 2005
Ind. Decisions - More on decision in one federal trial over whether communities have right to restrict new medical centers
The Moorseville-Decatur Twp. Times has lengthy coverage today of the Morgan County/St. Francis Hospital ruling yesterday (see ILB entry from 11/5/05 here). The story is headlined "St. Francis wins injunction against moratorium ordinance" and is written by Amy Hillenburg and Keith Rhoades. The story begins:
United States District Court Judge David F. Hamilton has ruled against Morgan County’s health care facility planning ordinance on St. Francis Hospital’s behalf, giving St. Francis protection against enforcement of the ordinance as it pertains to plans to expand the hospital’s facilities in Mooresville.Despite the blow to the ordinance, Ralph Foley, a state representative and attorney for Morgan Hospital, said Thursday afternoon the county was vindicated by the judge because the judge ruled against St. Francis on the two federal counts and the Indiana zoning law. He said the only point the judge found in St. Francis favor was the ordinance was a violation of the state’s home rule law.
Foley said the attorneys for all sides are reviewing the judge’s ruling before making a decision on appealing and said the county continues to struggle with serving uninsured people who need medical care.
Morgan County Attorney Pete Foley said that since the judge ruled against St. Francis on the two federal counts, neither the county nor the hospital will be required to pay St. Francis Hospital’s attorney fees.
Posted by Marcia Oddi on November 5, 2005 06:38 PM
Posted to Ind Fed D.Ct. Decisions