Metro 02/23/15

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Since 1972

A look at where exotics go See page 6

RESS February 23, 2015

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Serving More Than h 33 33,000 000 H Homes & B Businesses i iin 4 C Counties ti

Defense gets job done See page 17 M

Mercy plans $9.7 million med. center By Kelly J. Kaczala Press News Editor kkaczala@presspublications.com

Lent begins

Mario Cardone, a resident at Little Sisters of the Poor, receives ashes from Reverend Joseph Weigman, during an Ash Wednesday service at the home. (Press photo by Ken Grosjean)

Supreme Court decides

Drilling case similar to Fondessy suit A case decided last week by the Ohio Supreme Court included arguments from a court battle in the 1980s between the City of Oregon and the operators of a local landfill. In the recent case, the City of Munroe Falls found itself in a position similar to Oregon when Oregon officials were trying to enact a city ordinance that assessed a fee on waste disposed at the landfill operated then by Fondessy Enterprises. Fondessy filed suit in Lucas County Common Pleas Court, claiming the ordinance violated state law. The court ruled in favor of Fondessy, as did the Sixth District Court of Appeals. Oregon appealed to the state supreme court and in May 1986 the court ruled in favor of the city. In Munroe Falls, city officials have been at odds with Beck Energy, which obtained a state permit in 2011 to drill for oil and gas on property whose owner had leased the mineral rights to the company. The permit issued by the Ohio Department of Natural Resources Division of Oil and Gas Resources included several provisions but Munroe Falls filed a lawsuit in Summit County Common Pleas Court to stop the drilling, claiming Beck Energy was violat-

There is no need for the state to act as the thousand-pound gorilla...

By Larry Limpf News Editor news@presspublications.com

ing local zoning laws. In May 2011, the court ruled in favor of Munroe Falls and the company then appealed to the Ninth District Court of Appeals. The appeals court found that Beck Energy had to comply with the city’s ordinances governing local roadways but it held that other local laws – the zoning ordinance and four drilling provisions – conflicted with state statutes. The city then appealed to the state supreme court. Home rule at issue Mayor Frank Larson stressed in an interview at the time the case centered on home rule and not about fracking or drilling: “We’re just trying to enforce our zon-

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ing ordinances. It’s about home rule. Do we have the right to regulate oil and gas?” The city’s laws require drillers to obtain a zoning certificate, pay an application fee, post a bond and notify nearby landowners. A public hearing may also required. Munroe Falls attorneys contended the court’s decision in Fondessy Enterprises, Inc. v. City of Oregon, permits local ordinances that do not conflict with state law, adding Munroe Falls’ laws are in place only to protect local interests by keeping the public informed about a project and ensuring public safety. Attorneys for Beck countered the ordinances at issue in the Munroe Falls case are different from those in the Fondessy case and the court in 1986 actually ruled that municipalities can’t create a local permitting process nor set additional conditions for drilling under a state permit. The relevant section of Ohio Revised Code, they argued, prohibits local interference with the statute, except to manage roadways, and as a result is a much broader law than the statute at issue in the Fondessy case. The state legislature in 2004 passed statutes that lawmakers said were needed to provide uniform statewide regulation of oil and gas production. Continued on page 2

Mercy and three physician partners last week announced plans to build a new medical center on Navarre Avenue in Oregon. Dr. Imran Andrabi, MD, chief operating officer and president/chief network integration officer, Mercy, was joined by physicians of the Mercy Oregon Clinic, Toledo Clinic, and Toledo Cardiology Consultants to announce the construction of the Mercy Medical Center last Tuesday. The $9.7 million project will consolidate, under one roof, services such as imaging, laboratory, rehabilitation services, as well as provide office and clinical space for Mercy, Toledo Clinic and TCC physicians. The building brings to life the vision of enhanced access to quality care offered outside of a hospital setting. It is expected to create at least 20 new clinical and nonclinical jobs. “Mercy started working with the Oregon Clinic in 2010 to discuss how we can integrate,” Kewal Mahajan, MD, Mercy Oregon Clinic, said in a prepared statement. “The outcome is this project, an outpatient, comprehensive care center with high-quality access to primary and specialty care, state-of-the-art diagnostic facilities, and tender-loving rehabilitative services at one site. Both organizations are indebted to the community and wanted to give something back that we can be proud of. As a result, the vision was finalized.” The project, coupled with the construction of a new Behavioral Health Institute, as well as, enhancements made at St. Charles in the form of new technologies and facility improvements, has resulted in a $40 million investment in the Oregon community within the past year, according to Dr. Andrabi. “As you can see, we believe in Oregon and the eastern communities.” The two-story, 40,000 square foot center will be east of Mercy St. Charles Hospital, adjacent to the existing Mercy Oregon Clinic office on Navarre Avenue on Continued on page 2

Q

uote

of The Week o

Even though we may not agree with each other, we need to work with each other and we live together.

Reverend Robert Ball See page 9


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