Judge Dismisses Nurses Suit Against Sutter

SUIT HOPING TO STOP CONSTRUCTION OF EDEN UNRELATED TO TOWNSHIP BOARD’S COMPLAINT VS. SUTTER
By Steven Tavares

An Alameda County Superior Court judge has dismissed a lawsuit against Sutter Health that attempted to halt the rebuild of Eden Medical Center in Castro Valley.

The suit filed by the California Nurses Association just over a year ago was put forth after the Alameda County Board of Supervisors approved the EIR in June 2009 allowing the $400 million rebuild of Eden to commence.

CNA claimed construction of the new hospital would be detrimental to the air and soil quality, add noise pollution and increase traffic around the site. The nurses also objected to the rebuild of Eden on the basis it would adversely affect the future of nearby San Leandro Hospital.

“We have always believed that this misguided attempt to stop a state-mandated rebuilding project was not based upon merit,” said Eden Medical Center CEO George Bischalaney on its web site.

The order denying the petition was signed by Judge Frank Roesch June 28, but only filed last week.

The likelihood of success for the nurses suit was always low and has almost no connection to the Eden Township Healthcare District’s countersuit against Sutter filed last March.

Undaunted, less than a month after CNA filed their lawsuit, Sutter broke ground on the 230,000-square-foot hospital and 80,000-square-foot medical office building. The hospital’s steel framework is already completed, according to Bischalaney and completion of the hospital is due in January 2013 despite heavy rains that bogged down construction late last year.

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