Decision on whether challenge to Planned Parenthood can continue is expected Nov. 6

WHEATON -- A DuPage County judge will decide on Nov. 6 whether to dismiss a lawsuit against the city of Aurora and Planned Parenthood.

The suit, filed last February by opponents of Planned Parenthood's then-new clinic at 3051 E. New York St., alleges numerous violations of the city's zoning and building codes during the building's approval process. The complaint asks for those approvals to be nullified, and the building torn down.

At a hearing on Friday, DuPage County Circuit Judge Neal Cerne heard arguments on two motions to dismiss, one filed by the city and one by Planned Parenthood. Both motions contend that opponents have not proven ongoing violations which can be remedied, and have not taken full advantage of the city's administrative review process.

Protesters brought their case before both the zoning board of appeals and the building code board of appeals in 2007 and 2008, but were told they did not file their complaints in time. Attorney Peter Breen argued that his clients were not aware of the violations in time, because Planned Parenthood came through the city's process under a subsidiary name, Gemini Office Development.

Cerne's decision is expected on Nov. 6 at 11 a.m.