Tri States Public Radio Staff
Permit Process Proper
Mon April 29, 2013
Judge Sides with Keokuk Board
A business expansion in Keokuk can proceed after being hung up in court for about one year.
District Judge John Linn has ruled the Keokuk Board of Adjustment acted properly in granting a special use permit to Lexington Square on January 25, 2012.
The long-term care facility needs the permit to build a 10,000 square foot addition for more private rooms and a short-term rehabilitation unit.
A group of neighbors responded to the permit being granted by suing the board about one month later.
The neighbors said the board did not consider the impact on property values or swear in witnesses during its meeting.
They also questioned how Jerry Herr voted against the project in his role with the Keokuk City Planning Commission on January 23, 2012 and in favor of it in his role with the Keokuk Board of Adjustment two days later.
Judge Linn reviewed the documents and meeting minutes associated with the permit.
In his ruling, he stated that he felt the Keokuk Board of Adjustment properly considered the property values.
Judge Linn also said it is not illegal to not swear in witnesses and for Jerry Herr to change his vote.
He dismissed the lawsuit and ordered the neighbors to pay the associated fees.
The city says the ruling means the expansion can begin once plans are submitted.
Lawyers for Lexington Square and the group of neighbors could not be reached for comment.
Expansion Stuck in Court
Plaintiffs Don’t Object
Intervene In Lawsuit
Legal Challenge Anticipated
Medicaid Fraud/Money Laundering