VALPARAISO | Landowners seeking to block the construction of a new Porter hospital at Ind. 49 and U.S. 6 have asked Porter County Circuit Court Judge Mary Harper to turn the lawsuit over to another court.

The Liberty Landowners Association argues there is a conflict since Mary Harper was once married to Porter County Commissioner Bob Harper, who along with the other two commissioners is the target of the landowners' suit.

"It would not be unreasonable to question the impartiality of a judge with respect to a former spouse," the request reads.

The request is opposed by the commissioners, who argue the trial rule governing these matters does not apply since Mary and Bob Harper are no longer married.

A hearing on the issue is scheduled for 1 p.m. Monday before Judge Harper.

During the same hearing, Harper will be asked to consider a request allowing Northwest Indiana Health Systems -- Porter hospital -- to enter the legal dispute. The dispute is now between the commissioners and landowners.

County attorney Gwenn Rinkenberger filed a motion in support of the request, arguing the health care provider has the most at stake and should be able to intervene to protect its interests.

The landowners association, which is represented by attorney Martin Lucas, opposes the request, arguing the health care provider has failed to show its interests would not be adequately represented by the commissioners.

The landowners are challenging the county's rezoning of the land at the northwest corner of Ind. 49 and U.S. 6 for the hospital.

The group claims the county commissioners failed to consider the incompatibility of the new hospital with neighboring homes.

The new zoning will increase traffic in the area, lead to the construction of large buildings and sprawling parking areas, and will fuel commercial growth in the residential area, the suit says.

The suit claims the favorable rezoning vote cast by Porter County Commissioner John Evans is invalid as a conflict of interest because his wife, Laurie Wehner-Evans, is an executive or employee of Northwest Indiana Health Systems, which was awarded the rezoning.

Tennessee-based Community Health Systems hopes to build a 225-room hospital on the 105-acre site in question.