Judge rejects claim that SK hynix rezoning notice was invalid
Order this week undercuts claim that a meeting notice was inadequate and should overturn votes that cleared the way for $3.87 billion semiconductor project in West Lafayette.
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JUDGE REJECTS CLAIM THAT SK HYNIX REZONING NOTICE WAS INVALID
A judge ruled this week that an Area Plan Commission legal advertisement ahead of a March 2025 hearing about rezoning 121 acres that’s now the West Lafayette site of a $3.87 billion SK hynix semiconductor facility might not have been perfect, but it “substantially complied” with state requirements notifying the public.
The order, dated July 2, denied an argument from Lora Williams – a West Lafayette resident carrying one of two lawsuits challenging decisions that cleared the way for the project – that a faulty notice should have been enough to undo the rezoning and stop construction north of Kalberer Road.
Tippecanoe Circuit Judge Sean Persin noted that a legal notice the APC published in the Journal & Courier in February 2025 “did not strictly comply” with state law by not specifically stating that a written proposal was on file or explicitly stating that oral public comment would be taken before an Area Plan Commission vote on changing zoning on the property from R1/single-family residential to I3, the county’s heaviest industrial use.
But in denying Williams’ motion for summary judgment, Persin wrote that those omissions weren’t enough to make the notice invalid, ruling that “the average reader was given reasonable warning, and that the notice adequately placed property owners on inquiry.”
