VALPARAISO | Porter Circuit Court Judge Mary Harper denied a motion Friday to step aside from hearing a lawsuit seeking to block the construction of a new Porter hospital at Ind. 49 and U.S. 6.

The Liberty Landowners Association argued 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.

County attorney Gwenn Rinkenberger said she successfully argued there is no conflict since the judge and commissioner are no longer married.

The judge did grant another motion allowing Northwest Indiana Health Systems -- Porter hospital -- to enter the legal dispute. The dispute had been between the commissioners and landowners.

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

Rinkenberger filed an additional motion asking the judge to dismiss the lawsuit on grounds the landowners association does not have legal standing.

Lucas said there are a variety of interpretations on legal standing in the law.

"I think we should have standing," he said.

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.