A judge heard Monday from lawyers for the state and for citizens in Laurel concerned about the state mental hospital.
The group Laurel C.A.R.E.D. was hoping for a temporary restraining order from Yellowstone County District Judge Ed Zink to block the facility, but no decision was made.
Watch mental hospital court story here:
The attorney representing Laurel C.A.R.E.D., a grassroots community group, told the judge all the reasons it does not think the state should be allowed to build an up to 64-bed mental health facility near town.
The top argument was the state did not follow protocols for the Montana Environmental Protection Act or MEPA, according to Laurel C.A.R.E.D.
“This injunction is about making sure the state follows through on their own rules,” said Jennifer Lorenz, Laurel C.A.R.E.D. vice president.
Lorenz says the lawsuit is seeking an injunction to stop the state from proceeding with permitting, design, construction, and other planning requirements.
“We feel like the site was selected before the procedures were in place for the environmental assessment,” Lorenz said.
Neither the attorney for the state nor Laurel C.A.R.E.D. was available for comment after the hearing.
The state had attorneys representing the Board of Investments (BOI) and the Department of Public Health and Human Services.
“Plaintiffs argue on a number of occasions that the state is not harmed by delay,” Chris Stoneback, BOI attorney, said to Zink. ”The state is unquestionably harmed by delay. ”
Laurel C.A.R.E.D.’s attorney Elizabeth Forster talked about the environmental assessment for the project and the need for public participation.
“The public wants answers to those concerns in terms of demand capacity,” Forster said to the judge. “And the EA doesn't provide those answers, again, despite the public raising it in public comments.”
“They've never even come to the city of Laurel to actually talk to the citizens of Laurel about what this facility would mean for us,” said Lorenz.
The judge did not rule on the plaintiff's motion for a temporary restraining order and preliminary injunction.
He did say that he would not require Laurel C.A.R.E.D. to put up a bond to potentially compensate the state if he does issue an injunction.
“It is super important because, you know, we are funding this out of the pockets of concerned citizens in Laurel,” Lorenz said.
The judge will meet with attorneys by phone on Tuesday to set up scheduling to hear more on the case.
