Judge dismisses zoning lawsuit against Planned Parenthood’s Aurora facility
Beacon-News Staff August 29, 2013 8:26PM
DuPage County Judge Paul Fullerton Thursday dismissed a zoning lawsuit against the Planned Parenthood facility in Aurora.
The lawsuit was brought by Thomas More Society attorneys on behalf of local residents and a community group, Fox Valley Families Against Planned Parenthood. The Thomas More Society is a not-for-profit law firm dedicated to right-to-life and religious causes.
The court ruled that the city of Aurora’s decision to handle the facility under zoning for a medical clinic instead of a more restrictive zoning for a non-profit health center was a decision the city could make.
The Thomas More Society intends to appeal the decision.
“This non-profit facility is located in a business district in Aurora reserved for taxpaying for-profit businesses,” said Peter Breen, vice president and senior counsel for the Thomas More Society. “However, the court did not meaningfully analyze city officials’ decision to treat this property as if it were a for-profit business, instead holding that the decision must be respected as ‘legislative.’”