Ruling in Planned Parenthood case pleases all involved
A DuPage County judge Friday removed the city of Aurora and several of its employees from the Thomas More Society's lawsuit against Planned Parenthood of Aurora and bounced the case back to the city's zoning board of appeals.
Since the facility's planning stage, nearly five years ago, the anti-abortion society has objected claiming the building itself was riddled with zoning violations and the location's zoning rules specifically forbid the operation of a nonprofit medical facility.
The society filed suit after both the city's zoning board of appeals and the building code board of appeals said they had no authority to address a question of improper zoning.
Judge Neal Cerne on Friday rejected the city's claim and said the plaintiffs can proceed before the Aurora zoning board of appeals and building code board of appeals. But he also dismissed several counts alleging Planned Parenthood opponents were denied due process because they weren't notified of plans for the facility as well as an accusation of a violation of the Equal Protection clause of the state constitution.
"The plaintiff has alleged enough facts that, if true, could support the relief sought of an administrative review of the decision rendered by the zoning board of appeals and the Aurora Building Code Board of Appeals to dismiss the respective appeals as untimely and a reversal of those decisions," Cerne ruled.
The city, Thomas More Society and Planned Parenthood all claimed victory.
"We won big today. This is a great leap forward in our fight to hold Planned Parenthood accountable to the zoning and building laws that every other Aurora business must follow," said Peter Breen, Thomas More Society executive director and legal counsel. "Now that the court has ordered Planned Parenthood to answer the complaint, the Aurora neighbors of this facility are one step closer to ultimate justice in this case."
City spokesman Dan Ferrelli was pleased the city was removed from the suit and believes the city's administrative agencies also will be off the hook.
"We never believed we were a proper party in this case and the judge obviously agreed," Ferrelli said. "Nor do we believe the zoning board of appeals is a proper party and also believe the court will ultimately agree."
Planned Parenthood Interim CEO Carole Brite suggested the judge's dismissals indicate a favorable ruling for the organization.
"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," she said. "We look forward to resolving the remaining counts as quickly as possible in a manner favorable to PPIL.
Planned Parenthood and the city's administrative agencies have 28 days to respond to the ruling.