Tri States Public Radio Staff
Intervene In Lawsuit
Mon March 12, 2012
Nursing Home Petitions Court
Lexington Square wants to join a lawsuit filed over its planned expansion in Keokuk.
The nursing home has filed a motion in District Court to intervene in a lawsuit against the Keokuk Board of Adjustment.
The commission is being sued by 17 individuals living on Greenbrier Court, which abuts Lexington Square.
They object to the fact that the Board of Adjustment issued a special use permit to the nursing home so it can expand its facility.
Lexington Square would is looking to add private rooms without adding additional beds.
The nursing home would like to participate in the proceedings, including submitting evidence and testimony, because the ruling could impact its expansion project.
The judge has yet to rule on the request, which was filed earlier this month.
The neighbors say the board did not properly consider issues like property value, traffic and neighborhood character in granting the permit.
They also question Jerry Herr’s role on the Board of Adjustment and on Keokuk’s City Planning Commission.
The lawsuit questions how Herr could vote against the permit as a member of the planning commission and then vote for it two days later in his role on the Board of Adjustment.
The neighbors want the permit to be overturned and for their legal fees to be covered.
The Board was sued several years ago by the Keokuk School District over its ruling in its alternative school. The board’s ruling was dismissed, which allowed the school to be built.