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For the week of June 28 through July 4, 2000

St. Luke’s to appeal MOB denial

Cites ‘legal,’ ‘procedural’ violations


By TRAVIS PURSER
Express Staff Writer

Two minutes after the paper’s deadline yesterday, St. Luke’s Wood River Medical Center Chief Executive Officer Jon Moses faxed the Idaho Mountain Express a letter announcing the hospital had decided to appeal the county’s recent denial of its proposed medical office building.

"The hospital intends to cite numerous legal and procedural violations as grounds for the appeal," the letter said.

Motivating the appeal, the letter said, "hospital officials believe that although Idaho law clearly directs zoning officials to base their decisions on objective criteria, several facts were dismissed by the planning and zoning commission in its decision process."

The letter said St. Luke’s officials would not provide further details "regarding this decision [to appeal] or the legal basis for our appeal" until Friday.

St. Luke’s announcement follows the May 18 county planning and zoning commission denial of the 40,000-square-foot office structure. The hospital had just two days left before the deadline to file an appeal.

St. Luke’s argued throughout the several-month application process that its new hospital cannot be financially viable without the adjacent office building.

Last week, St. Luke’s Regional Medical Center Ed Dahlberg, in a rare local appearance, told the Blaine County commissioners that the hospital corporation could leave the valley "high and dry" if its new medical complex south of Ketchum proves not to be financially viable.

Dahlberg said a repurchase agreement among Sun Valley, the county and St. Luke’s provides the hospital with an opportunity to leave the county if faced with financial problems.

During a telephone interview yesterday, county P&Z administrator Deborah Vignes said the appeal process will involve one or more public meetings, during which the Blaine County Board of Commissioners must consider records of P&Z considerations leading to the denial. Those records are contained in a 4-inch-thick binder, she said.

Because the appeal is a public process, but not a public hearing, Vignes said, no new evidence can be offered by any involved party.

Both St. Luke’s and P&Z will be allowed, however, to submit a 10-page brief and to make a 10-minute verbal presentation to the commission, Vignes said.

Vignes said the commissioners must consider only two questions when deciding the appeal: Was the process correct? Is there adequate evidence in the record to support the P&Z denial?

If St. Luke’s loses the appeal, it will be able to file another appeal in Fifth District Court, Vignes said.

 

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