Support for this edition comes from Purdue for Life Foundation. Don’t miss an evening unlike any other in Purdue history: an epic pep rally followed by an exclusive game-watch party for the Purdue men’s basketball away exhibition game against Kentucky. It’s all happening Oct. 24 at Mackey Arena. Claim your spot at https://www.purdue.edu/campaign/rsvp/.
Some more this and that …
AN ADDITION TO THE SK HYNIX LAWSUITS?: A new wrinkle developed in the case of West Lafayette residents suing the city, Purdue Research Foundation and SK hynix when a longtime attorney in West Lafayette asked to appear amicus curiae – an impartial adviser – on behalf of the plaintiffs who are trying to reverse a rezoning decision that cleared the way for the South Korean company’s $3.87 billion semiconductor facility in the city.
John Burgett, touting 62 years in practice in Tippecanoe County, asked the court to file a brief to support the lawsuit, calling the city council’s 6-3 vote in May “totally arbitrary, capricious, and a blatant abuse of discretion, clearly violating the rights and expectations of any residents, business owners, of patients and residents in any nearby retirement care, of daycare facilities, and the many members of religious institutions in the area which function not only on Sundays.”
Late last week, attorneys for Purdue Research Foundation and SK hynix asked the judge to reject the move, saying that Burgett’s participation and offer to be helpful to the court was “a regurgitation (and then some) of the concerns already alleged” in a pair of lawsuits filed in June and combined into one case playing out in Tippecanoe Circuit Court.
On Monday, Burgett filed a response to that, saying the defendants “would choose to muzzle controlling statutes” he contends show the city council “not only acted contrary to law, but at the same time disrespected and totally ignored the valid concerns and objections of several thousand residents.”
Burgett argued: “While city and county governments are currently enacting protective restrictions on the location of huge, utility-gobbling industrial data centers and industrial solar behemoths, the evidence will nevertheless show that those city council members voting for rezoning, allegedly after one or more years of confidential communications and negotiations, however acted in total compliance with the wishes of a foreign international semiconductor company who is seeking all city amenities and utilities, and in total obedience to the wishes of the seller of the proposed 121-acre site, Purdue Research Foundation.”
The pair of complaints in question come from three West Lafayette residents who contend the city ignored neighbors’ concerns about putting the 340,000-square-foot R&D and manufacturing facility north of Kalberer Road, between Yeager Road and County Road 50 West, close to several residential neighborhoods. The lawsuits named West Lafayette, Purdue Research Foundation, SK hynix and the Area Plan Commission.
Lora Williams, a nurse at a local hospital who said she frequently cycles or travels near the proposed SK hynix site, contends that the city council overstepped its authority, ignoring warnings from local experts about health, environmental and other concerns in its vote. Residents Sean Sasser and Karl Janich filed a similar complaint, raising questions about improper notice about the rezoning process, a general lack of study or evidence about the potential impacts on the environment and the neighborhoods, and allegations of backroom negotiations between the city and SK hynix that influenced what was a controversial decision. The lawsuits contend the city council should have either accepted a 9-5 vote in March from the Area Plan Commission to recommend denial or sent the matter back to the APC for further review.
On Oct. 14, Circuit Court Judge Sean Persin dismissed the Area Plan Commission from the lawsuits.
Burgett filed his amicus brief Oct. 7, noting that he lived along a road that would be affected by high-bandwidth memory assembly facility and owned several properties in the area. His motion contends that the rezoning ignored requirements in the county’s comprehensive land use plan, was arbitrary and capricious by the city council and a “blatant abuse of discretion” that “should be reversed” by the court.
The motion included some of the same points neighbors have been bringing to city council meetings and during pop-up protests, hoping to win a new vote that would overturn the rezoning decision. Here’s more on that, from the Oct. 6 city council meeting:
As of Monday, court filings did not show that Persin had ruled on Burgett’s motion or scheduled additional hearings in the case.
ABOUT PURDUE’S PRESEASON GAME AGAINST KENTUCKY: With No. 1 Purdue heading to Rupp Arena for an exhibition game Friday against No. 1 Kentucky, Lexington Herald Leader reporter had an interesting look at how the Boilers wound up with such a high-profile road matchup to tune up for the 2024-25 season. As he lead with: “It might be the most anticipated preseason game in the history of college basketball. That’s exactly the vibe that Matt Painter and Mark Pope were going for when they set it up. … For the two head coaches with realistic dreams of playing for a national championship in April, this October meeting might be low stakes in the grand scheme of things. But it’s precisely what both were looking for when they started putting together their 2025-26 schedules.” For a look at the stakes for Kentucky, the chance to get tested for the Boilermakers and the connections that put the game together, here’s the Herald Leader’s story: “Why the No. 1 team in college basketball agreed to play Kentucky in Rupp Arena.”
Meanwhile, Gold and Black reporter Brian Neubert offered this heading into the Kentucky exhibition, coming off a fan day scrimmage Saturday at Mackey Arena: “There was no party on Saturday, no pyrotechnics and minimal pro-am feel. Just engagement with fans and basketball, consistent with Matt Painter’s policy of celebrating nothing before seasons, before there’s really anything to celebrate. Purdue doesn’t recruit to appeal to young men’s BMOC-status, rock-star sensibilities like many of its peers, and players get what they were promised: Basketball, opportunity, school, loyalty, etc. Not the frat houses and block parties and such. Saturday reflected that position of humility and — pardon me here while I completely make up a word — sexylessness. Further, Friday, Purdue will visit Kentucky for an exhibition game, the outcome of which won’t matter now, but might in February if the Boilermakers are better off for it.” Read more from Gold and Black here: “Three Thoughts From The Weekend: Purdue Basketball’s identity, complementary roster dynamics and more.”
A SESSION ON DATA CENTERS: With questions swirling about how Tippecanoe County will deal with massive data centers, if and when they apply to build here, We the People Indiana Revival will host as session 6-8 p.m. Thursday, Oct. 23, on the topic at the Lafayette National Guard Armory, 5218 Haggerty Lane in Lafayette. The session will feature Bryce Gustafson, a program coordinator with Citizens Action Coalition. Citizens Action Coalition has been critical of the proliferation of the warehouse-styled development of computer servers feeding the growth in AI technology, which have been increasingly railed on statewide for their massive drains on energy and water sources. Also speaking: David Sanders, a West Lafayette City Council member, and Clee Oliver, a community organizer from Kokomo.
Last week, the Area Plan Commission recommended a new zoning definition for large data centers that would make it more difficult for them to develop in Tippecanoe County, while local planners launched a yearlong study into specific regulations dealing with them. That measure will go to city councils in Lafayette and West Lafayette and to Tippecanoe County commissioners for final votes Nov. 3.
Here’s a closer look at that proposal:
SIDEWALKS IN COUNTY SUBDIVISIONS: A proposed ordinance dealing with sidewalk maintenance in unincorporated parts of Tippecanoe County cleared an initial vote Monday by county commissioners. County Attorney Doug Masson said the proposed ordinance would codify county recommendations that pointed to sidewalk construction and maintenance standards in Lafayette’s city codes. New, then, would be county rules dealing with keeping sidewalks clear and a new demand for residents to “remove snow and ice on such sidewalks within 12 daylight hours after the snow has ceased to fall.” (Why should those in the cities have all that shoveling fun, right?) A final vote on the ordinance is scheduled for 10 a.m. Nov. 17 at the County Office Building, 20 N. Third St. in Lafayette.
ICYMI, LAST CALL … A POP-UP DEAL: Three times this week someone mentioned that they’d missed information about stories, key votes and events that had appeared in Based in Lafayette editions days earlier. I did my best, there on the street, to catch them up on what was going on. But in each case, they said they’d been meaning to subscribe. I told them they’d missed a fall sale a few weeks ago but that I’d give them another chance.
Here it is … for them and for any new subscriber, if you’d like it.
Let’s reprise that 20% off deal from September, now through Tuesday. The pop-up pricing covers the first year of full-access BiL editions.
Get it here …
Thanks for reading. I’ll keep doing my best to make BiL worth your time.
Thanks for support for this edition from Purdue for Life Foundation, presenting a pep rally followed by an exclusive game-watch party for the Purdue men’s basketball away exhibition game against Kentucky Oct. 24 at Mackey Arena. Claim your spot at https://www.purdue.edu/campaign/rsvp/.
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Tips, story ideas? I’m at davebangert1@gmail.com.
I don’t know how you do it, but you always have the news we need in Lafayette! Awesome work!
Old lawyer knows how to craft a humdinger of a sentence.