Madison City Attorney Jimmy Carter announced that Ocmulgee Circuit Superior Court Judge Steven Bradley has rendered a ruling, upholding the city’s contention that the use of the old Morgan County Memorial Hospital building would be a nonconforming use under the city’s zoning ordinance.
The Morgan County Hospital Authority has been attempting to sell the old building since the new Morgan Medical Center opened in 2019.
According to court documents, the Hospital Authority had been approached by three different parties interested in using the facility, but the sales all fell through when the parties could not get the required zoning permissions from the city.
“The city contends, and the Court agrees, that use of the property as an alcohol and drug rehabilitation facility would not be a non-conforming use authorized under the city’s zoning ordinance and that a purchaser or lessee would have to obtain a conditional use permit to operate an alcohol and drug rehabilitation facility on the property.”
The court documents also say that the hospital’s Certificate of Need, operating license and all major hospital functions have all been transferred to the new hospital.
“Although the old hospital has not laid vacant, there has been no functional hospital at the property for more than 12 months,” Bradley wrote in the ruling. “Instead, the site has been used for storage, x-ray facilities, rental by Athens Orthopedic Clinic, COVID vaccine administration, a potential COVID overflow location and EMT and law enforcement training.
“A purchaser or lessor would only be entitled to use the property for similar purposes without having to obtain a conditional use permit.”
The city’s attorney said he was pleased with Bradley’s decision and praised the judge’s ability to look at the law and facts without favoring either side.
Morgan Medical Center released a statement Tuesday stating they respect Bradley’s decision but strongly disagree with the ruling.
“Through the pursuit of the sale of the property— our right—we were intent on securing funding to better serve your and your family’s healthcare needs,” the statement reads. “Now, we are facing a new set of options. At this time, it is unclear whether Morgan Medical Center will continue to financially support the upkeep of our former location or whether we will be forced to step away from the financial burden of maintaining the property and direct that financial support to the health of our community.
“For the last several years, Morgan Medical Center has spent more than $300,000 maintaining the property of our former hospital location so we could partner with organizations that have provided community COVID-19 testing, police training, and healthcare services.”
The statement explains that the alternative to selling the building would be to abandon it and watch with the community “as it enters disrepair and becomes a black eye for the city of Madison.”