A national physicians group fighting to stop Covance Inc. from opening an animal-testing center in Chandler suffered a major legal setback Wednesday when a county judge tossed out the bulk of a lawsuit filed against the city.
Maricopa County Superior Court Judge Paul McMurdie dismissed four of the five charges made by the Washington, D.C.-based Physicians Committee for Responsible Medicine accusing Chandler of skirting various zoning and public notification laws.
In the three-page ruling, the judge sided with the city, which argued that the nine plaintiffs in the case didn't have the legal right to sue because they would not be personally damaged once the planned $25 million facility opens.
The one remaining allegation in the lawsuit accuses members of the Chandler City Council of violating open meetings laws by privately deciding to rezone property near Queen Creek and Gilbert roads, allowing Covance to build there.
With a majority of the case thrown out, it is unclear what's next.
"The next move is all theirs," said Chandler City Attorney Mike House. "If they want to continue to throw good money after bad then they can knock themselves out."
Representatives of the physicians committee were unavailable for comment. The 300,000-square-foot laboratory near the Chandler Airpark is expected to employ between 200 and 300 people.
The facility will test drugs for pharmaceutical companies. This has touched off a battle with local and national animal rights groups angry that animals such as rabbits, monkeys and dogs would be tested at the Chandler plant. |
