{"id":6103,"date":"2011-04-09T03:17:50","date_gmt":"2011-04-09T08:17:50","guid":{"rendered":"https:\/\/thevwindependent.com\/?p=6103"},"modified":"2011-04-09T13:33:15","modified_gmt":"2011-04-09T18:33:15","slug":"hospital-sues-to-finalize-transfer-accord","status":"publish","type":"post","link":"https:\/\/thevwindependent.com\/news\/2011\/04\/09\/hospital-sues-to-finalize-transfer-accord\/","title":{"rendered":"Hospital sues to finalize transfer accord"},"content":{"rendered":"

Van Wert independent\/<\/strong>Hospital Association information<\/em><\/p>\n

Out of patience after waiting more than five months for a property transfer agreement to be finalized, the Van Wert County Hospital Association is now looking to the courts to bring the matter to a close.<\/p>\n

The Hospital Association announced Friday that it has filed a petition for a writ of mandamus against the Van Wert County Hospital Commission, its members individually, and the Van Wert County Board of Commissioners. If approved, the writ, filed in the Columbus-based Ohio 10th District Court of Appeals, would force the defendants to complete action on the hospital transfer agreement, which both defendants have already approved.<\/p>\n

The Hospital Commission passed the agreement by a 4-3 vote on October 19, 2010, while the commissioners voted unanimously November 16, 2010, to approve the property transfer agreement between them and the association.<\/p>\n

\"\"The petition seeking a writ of mandamus was filed after the association, through its legal counsel on or about January 17 of this year, requested that the Hospital Commission comply with the resolution passed by the county commissioners by executing the lease amendment, the transfer agreement, and the quitclaim deed.<\/p>\n

As of Friday, the Hospital Commission has, according to the Hospital Association, \u201cfailed and refused to complete its duties as appointed officials to execute and deliver the amendment, the transfer agreement, and the quitclaim deed as directed by the county commissioners.\u201d<\/p>\n

The Hospital Association also notes that the county commissioners, for their part, have failed to compel the Hospital Commission to comply with the resolution to execute and deliver the documents, creating the need for the Association to file its petition for a writ of mandamus. A writ of mandamus is a judicial remedy in the form of an order from a superior court either to a lower court or, in this case, to government and administrative entities, to perform — or not perform — some task or service.<\/p>\n

\u201cAlthough disappointed in having to file this action, the Board of Trustees’ only interest is ensuring the long term viability and local control of the Van Wert County Hospital Association,\u201d said Andy Czajkowski, Hospital Association board member, in addressing the action taken on Friday.<\/p>\n

The transfer agreement would give the Hospital Association the use of the actual hospital site and adjacent land owned by the county for collateralization and other purposes, while allowing the county to retain many of the ownership rights of the land and also providing the commissioners with a seat on the Hospital Association Board of Trustees.<\/p>\n

The agreement proposal has generated controversy, with County Prosecutor Charles F. Kennedy III leading opposition to the plan, but there has been, as yet, no legal challenge as to whether the agreement was properly approved by either the Hospital Commission or the commissioners.<\/p>\n","protected":false},"excerpt":{"rendered":"

Van Wert independent\/Hospital Association information Out of patience after waiting more than five months for a property transfer agreement to be finalized, the Van Wert County Hospital Association is now looking to the courts to bring the matter to a close. The Hospital Association announced Friday that it has filed a petition for a writ […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-6103","post","type-post","status-publish","format-standard","hentry","category-news"],"publishpress_future_action":{"enabled":false,"date":"2026-08-03 21:02:32","action":"change-status","newStatus":"draft","terms":[],"taxonomy":"category","extraData":[]},"publishpress_future_workflow_manual_trigger":{"enabledWorkflows":[]},"_links":{"self":[{"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/posts\/6103","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/comments?post=6103"}],"version-history":[{"count":0,"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/posts\/6103\/revisions"}],"wp:attachment":[{"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/media?parent=6103"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/categories?post=6103"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thevwindependent.com\/news\/wp-json\/wp\/v2\/tags?post=6103"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}