Archive for Thursday, April 9, 2009

LMH waiting for resolution of water suit; trial set for May 18

April 9, 2009

Although Lawrence Memorial Hospital has hired an architect, they will not move forward with construction of a primary care facility until the City of Eudora’s lawsuit with Douglas County Rural Water District No. 4 has been resolved.

The Eudora Planning Commission during an April 1 meeting decided to allow LMH a one-year extension of the preliminary plat for the 10,000-square-foot facility it plans to build on the southeast corner of the Kansas Highway 10 interchange.

In early 2006, LMH announced plans for the construction of 10,000-square-foot facility to be staffed by Dr. Dan Dickerson and at least one other physician.

During that time, Eudora annexed into the city property totaling about 113 acres south of Kansas Highway 10 along Douglas County Road 1061.

As a result of the annexations, RWD No. 4 filed a lawsuit against Eudora in September 2007 in U.S. District Court of Kansas City, Kan. under a federal law — 7 U.S.C. section 1926(b) — that states as a result of borrowing money from Farmer’s Home Administration, the district is protected from a municipality or private entity that would curtail or limit the district’s water territory or customers.

The timetable for construction of the facility to begin was early 2008, with doctors moving into the facility in 2009. But in March 2008, Meyer said a shortage in physicians would delay the start of construction.

LMH has hired a physician who will begin working in the community in August, and LMH CEO Gene Myer said he hoped construction could get underway during the summer.

The trial will begin May 18 and could be finished as soon as May 29.

The conditions of the preliminary plat, which was originally approved last May, still apply.

The most notable condition was that LMH provide gravel surfacing with dust retardant four times a year for the currently unpaved White Dog Road, which would run directly in front of the facility.

The road eventually will be paved as soon the two other developments in the area — an assisted living facility and a residential subdivision — are constructed so all parties can be charged according to the amount of frontage on the road taken up by their respective properties.

The commission later rejected an extension of the preliminary plat for Shadow Ridge No. 8. The preliminary plat was first approved in 2004 and was renewed in 2006 and 2007.

The commission rejected the extension because the property still was not up to code.

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