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Judge dismisses suit against Aurora, Planned Parenthood
By Justin Kmitch | Daily Herald Staff
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Published: 11/6/2009 12:59 PM | Updated: 11/6/2009 4:49 PM

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DuPage County Circuit Judge Neal Cerne dismissed a lawsuit Friday against the city of Aurora and Planned Parenthood.

The suit, filed in February by opponents of Planned Parenthood at 3051 E. New York St., claimed numerous violations of the city's zoning and building codes were ignored during the building's approval process.

The suit calls for the facility to be demolished.

Cerne called attorney Peter Breen's motions vague and without substantiated facts, but granted Breen 28 days to replead his case.

"Really we're in great shape and looking forward to repleading to make sure we're putting it to the judge in just the right way that he'd like to see it" Breen said outside court Friday morning. "The bottom line is it's still the Midwest's largest abortion clinic and it's still in the wrong place."

Eric Scheidler, spokesman for the Chicago-based Pro-Life Action League, said he was disappointed the ruling drags the case into next year, but still found a silver lining.

"It's always disappointing to have further delay but I'm encouraged that Judge Cerne is weighing the issues seriously enough to want to see that the pleadings are all in order," Scheidler said. "The city of Aurora and Planned Parenthood are not off the hook."

Steve Trombley, president and CEO of Planned Parenthood of Illinois, was not in court Friday but issued a statement later in the day.

"Planned Parenthood of Illinois is very pleased with Judge Cerne's decision to dismiss the lawsuit against the city regarding our health care facility in Aurora," Trombley wrote. "As the judge clearly stated, our opposition's case was vague and without substantiated fact."

Aurora spokesman Dan Ferrelli said the city was "pleased that the judge recognized the inadequacy of the claims against the city."

Both sides will meet before Cerne again at 8:30 a.m. Jan. 5 for a status update regarding Breen's repleading of the case.