LAFAYETTE, IN — The first major ruling in the arguments to block SK Hynix from opening its microchip factory at Salisbury Street and Kalberer Road favored the plant’s rezoning.
The case, however, remains a long way from being resolved.
Plaintiff Lora Williams argued that the public notice for the March 19, 2025, Tippecanoe Area Plan Commission meeting on the rezoning issue failed to meet the requirements set forth in state law. Her attorney, Thomas Williams, argued the rezoning is void and that the factory cannot be allowed to be built or opened.
Tippecanoe Circuit Judge Sean Persin ruled earlier this month that the public notice, while flawed, was a valid public notice.
That ruling ends Williams’ argument that the incomplete public notice for the rezoning means that the land should still be zoned residential, not heavy industrial.
SK hynix, a South Korean company, is building a $4 billion microchip factory on the northwest corner scheduled to open in the second half of 2028.
Persin’s ruling validating the Area Plan Commission’s public notice does not end the lawsuit, which also includes plaintiffs Karl Janich and Sean Sasser. It merely ends the argument that the case must be decided in the plaintiff’s favor because of an error in the notice.
Still unresolved are the three plaintiffs’ arguments challenging the rational for the rezoning, whether the appropriate procedures were followed and whether the city of West Lafayette acted arbitrarily, capriciously or unreasonably.
The plaintiffs will have to present evidence at trial about potential injury to property or health, safety and welfare.
Persin also ruled earlier this month on what information the defendants — Tippecanoe Area Plan Commission, West Lafayette, Purdue Research Foundation and SK hynix — must produce in discovery.
Williams, Janich and Sasser all have subpoenaed records from the defendants. Persin granted some of the requests, while denying others.
Persin was more restrictive to Williams’ requests.
“Many of Williams’ requests to the parties are overbroad, disproportional and not likely to lead to admissible evidence at trial, as written,” Persin wrote in his order. “In short, Williams seeks extensive discovery from the parties.
“Williams is entitled to receive safety reports, lists of hazardous substances, environmental assessment, traffic reports, etc. that existed before the (commission) and the West Lafayette City Council acted, whether they are part of the official record or not.”
Persin also allowed Williams to pursue conflicts of interest for members of the plan commission and West Lafayette city council members. This includes non-disclosure agreements and meetings that might have violated open-door laws.
A pretrial hearing is scheduled for Oct. 26, and a bench trial is scheduled for Dec. 1.
Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
This article originally appeared on Lafayette Journal & Courier: Judge rules public notice in rezoning for microchip plant was sufficient
Reporting by Ron Wilkins, Lafayette Journal & Courier / Lafayette Journal & Courier
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By Ron Wilkins, Lafayette Journal & Courier | USA TODAY Network
