Judge: 2 lawsuits against SK hynix rezoning likely headed for consolidation

First of two complaints in court Monday, contending West Lafayette City Council overstepped authority, ignored health and environmental concerns in rezoning for $3.87B semiconductor facility

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JUDGE: 2 LAWSUITS AGAINST SK HYNIX REZONING LIKELY HEADED FOR CONSOLIDATION

Two lawsuits challenging a decision to rezone 121 acres in West Lafayette to clear the way for SK hynix’s $3.87 billion facility to assemble high-bandwidth memory chips appear to be heading for consolidation, given a suggestion from one of the judges Monday.

A scheduling hearing on the first of the two lawsuits looking to overturn West Lafayette City Council’s May 6 rezoning decision had Tippecanoe Circuit Judge Sean Persin concerned that the two complaints – each filed June 4 – could wind up with different conclusions if they stay in separate courts.

(File photo: Dave Bangert)

Tom Williams – a West Lafayette-based attorney representing his sister, Lora Marie Williams – and attorneys for the city, Purdue Research Foundation, Area Plan Commission and SK hynix seemed amenable to the idea Monday morning, in the first court hearing on either case.

In play is whether Sean Sasser and Karl Janich, West Lafayette residents behind the second lawsuit, would agree to that, too. An attempt to reach their attorney, Arie Lipinski, was not immediately successful Monday afternoon.

“We have one teed up,” Kelsey Harper, an attorney representing Purdue Research Foundation, told Persin, regarding a motion to consolidate the complaints into one case.

Persin said he anticipated the case would end up in his court, given that Williams’ filing came hours ahead of the one filed by Sasser and Janich. Persin said he would wait to move forward, though, until Tippecanoe Superior Court 1 Judge Randy Williams could weigh in.

The complaint from 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. Her lawsuit contends that she has been “experiencing shock and increased anxiety, stress and depression due to the rezoning decision.”