Lawsuits fighting West Lafayette semiconductor plant likely will merge

LAFAYETTE, IN — Two separate lawsuits asking for judicial review and an injunction of the rezoning of 121 acres for a semiconductor plant likely will be consolidated into one lawsuit in the coming weeks.

Tippecanoe Circuit Judge Sean Persin said during a hearing Monday that it appears to him that consolidation of the two cases is necessary.

“It seems like if it’s the same issues that are pending in multiple cases, they ought to be consolidated somewhere," Persin said. "I’d be glad to take the other case. I’d be glad to send this elsewhere. But it doesn’t make sense to me for you all to be litigating the same issues in two courts in Tippecanoe County."

Lora Marie Williams is fighting the May 6 rezoning of the 121 acres north of Kalberer Road and east of Salisbury Street. The West Lafayette City Council ignored the Area Plan Commission's recommendations and rezoned the acres from residential to industrial. The land will be developed by SK hynix Semiconductor West Lafayette at a cost of nearly $4 billion.

Williams filed a lawsuit on June 4 in Tippecanoe Circuit Court naming the city of West Lafayette, the Tippecanoe County Area Plan Commission, Purdue Research Foundation and SK hynix Semiconductor as defendants. Five hours later, Karl W. Janich and Sean Sasser filed their lawsuit in Tippecanoe Superior 1 naming the same defendants, except for SK hynix.

By being the first to file, Williams' case in circuit court likely takes legal precedent as to where the case will be heard, according to discussions during Monday's hearing.

“I think everyone agrees that it makes sense to have one case. But we don’t have everyone here weighing in on that," Persin said. "But likely there will be a motion to consolidate in both cases. I don’t know how that’s all going to work out, but I would anticipate they’re all going to end up here.”

Tippecanoe County Attorney Doug Masson filed Friday for the Area Plan Commission to be dismissed from the lawsuits, arguing that the plan commission makes only a recommendation on a rezoning. In this instance, the commission recommended rezoning land farther west, which the West Lafayette City Council rejected on May 6. It approved the eastern site, which is north of Kalberer Road and west of Salisbury Street.

The county and its plan commission is not affected in either lawsuit regardless of what decision is handed down, Masson said Monday in court as he summarized the motion.

Persin gave Williams' attorney 30 days to respond to the county's motion to be dismissed from the lawsuit.

Williams filed several motions Monday for parties to produce records pertaining to the semiconductor factory and the rezoning. Persin set an Aug. 1 deadline for the parties to share the records.

Williams' attorney, Tom Williams, as well as the attorneys for the defendants, agreed that this case likely can be resolved within six months.

West Lafayette City Attorney Eric Burns said there is not a stay while the case is pending, so SK hynix is not blocked from moving forward with its plans for the site.

West Lafayette Development Director Jen VanSchuyver said there are no injunctions against SK hynix to stop the construction process. Currently, the company is conducting environmental studies and still plans to begin construction later this year. Production is still scheduled to begin in 2028.

Meanwhile, because Williams filed a notice of a constitutional challenge to the city council's rezoning decision, Persin issued an order Monday sending that notice on to the Indiana attorney general's office. The notice allows the attorney general the option to become a party to the lawsuit.

No additional hearings have been scheduled in circuit court. No hearing is scheduled as of Monday in Superior 1.

Reach Ron Wilkins at [email protected]. Follow on Twitter: @RonWilkins2.