Monday May 24, 2010
Judge Denies Motion to Dismiss Suit Against Aurora Planned Parenthood
By James Tillman
AURORA, Illinois, May 24, 2010 (LifeSiteNews.com) — Striking down a motion to dismiss, Judge Neal W. Cerne of Dupage County Court has ruled that a lawsuit may go forward alleging that a Planned Parenthood mega-center violates city zoning laws and that the zoning board blatantly ignored the violation.
Although this decision was cheering to pro-life advocates, Judge Cerne removed many of the defendants originally named from the lawsuit, including the City of Aurora, Mayor Tom Weisner, the previous CEO of Planned Parenthood of Illinois, and the city Planning Commission. Cerne ruled that the case may proceed before the Aurora zoning board of appeals and building code board of appeals.
Attorneys with the Thomas More Society, a pro-life legal group, sued Planned Parenthood (PP) on behalf of Aurora residents calling PP to task for the secretive construction of Aurora’s 22,000 square foot, $7.5 million “super clinic.”
Planned Parenthood had begun furtively constructing the abortuary by using the name of a front corporation called Gemini Office Development (GOD). By acting as GOD, Planned Parenthood prevented Aurora residents from objecting to the construction of the clinic. A pro-life construction worker’s suspicions were raised only after noticing the bullet-proof glass and surgical equipment that were being installed.
Yet Thomas More lawyers say the city of Aurora and the Zoning and Building Board of appeals have long turned a blind eye to the violations.
Planned Parenthood had claimed that the deception was intended to protect the clinic’s staff and construction workers from dangerous protestors.
“This massive and illegal abortion facility is a blight on the quiet residential neighborhood that it borders,” said Peter Breen, Thomas More Society executive director and legal counsel. “If the City of Aurora’s zoning laws are to have any meaning, Planned Parenthood must be held to account for its repeated and flagrant violations of those laws.”
Although hailed as a victory by pro-life leaders, the mixed ruling handed down by Judge Cerne also allowed Planned Parenthood to claim victory. The judge dismissed counts alleging that pro-lifers were denied due process because of the secretive construction, and that defendants violated the state constitution’s Equal Protection clause.
“Planned Parenthood of Illinois is pleased with the court’s ruling to dismiss several of the counts in the zoning case regarding the Aurora health center,” said Planned Parenthood of Illinois interim CEO Carole Brite. “We look forward to resolving the remaining counts as quickly as possible in a manner favorable to PPIL.”
See related stories on LifeSiteNews.com:
Pro-Life Protestors Win Key Demands From City of Aurora in Settlement
https://www.lifesitenews.com/ldn/2010/mar/10032504.html
Aurora Residents Sue City and Planned Parenthood Over Giant Abortion Mill’s Zoning Violations
https://www.lifesitenews.com/ldn/2008/feb/08021503.html
Aurora Zoning Board Stands By Planned Parenthood Mega-Abortion Center despite the Law and Lies
https://www.lifesitenews.com/ldn/2008/jan/08011006.html
Residents Say Planned Parenthood Lied on Giant Abortion Mill Application – City Investigates
https://www.lifesitenews.com/ldn/2007/aug/07082908.html