A lawyer has asked the city of Aurora, Ill., to evict Planned Parenthood from its brand new 22,000-square-foot abortion facility because its occupancy permit has expired and “there is no legal right to occupy the current structure in any capacity.”
The permanent occupancy permit was scheduled to be issued for the opening of the new abortion facility today. But the city has delayed it while officials investigate alleged deceptions by the nation’s largest abortion provider during the permitting process.
As WND reported, the corporation created a front group, called Gemini Office Development, which acted as the developer and owner. In one case, the corporation assured city officials a tenant had not yet been selected for the new “office building.”
In fact, Planned Parenthood officials told a local newspaper they withheld the identity of the owner in order to prevent people from knowing an abortion facility was being installed in their community.
The letter addressed to Herman Beneke of the Building and Permits Department in Aurora is from Vincent A. Tessitore.
“As you are aware, the temporary occupancy permit for the property located at 3051 East New York Street expired yesterday. As a new occupancy permit has not been issued, there is no legal right to occupy the current structure in any capacity. I have been informed today that individuals are currently occupying the subject property,” he said.
“This letter is a formal demand for the City of Aurora to enforce its ordinances against the unlawful occupation of this property,” he wrote. “I trust that you will see to it that this matter is taken care of expeditiously.”
Tessitore told WND he’s a property owner in the city and is concerned.
“This whole situation, quite frankly, is one that has to be addressed because it could set a scary precedent for future development of this city,” he said. “This goes back to the fraud. If a developer is allowed to lie with impunity because they don’t want the public to know who they are, any developer can do the same and avoid the public scrunity of neighbors who have a legitimate interest in who moves into their neighborhood.
“The greater issue is the rule of law, well settled in Illinois. If you commit fraud in the permit and planning approval process, those approvals are void and revoked,” he said. “In my opinion there is a prima facie case for fraud in the approval process.”
Tessitore said the example he provided the city was that the Ku Klux Klan could move in under another name, following Planned Parenthood’s actions.
Tessitore has represented developers through the city process and said his clients would have loved being able to hide behind a shell corporation on occasion “to avoid the public interest in their project.”
“The fact is they were honest,” he said.
He said a logical solution for the situation at hand would be for Planned Parenthood to sell or lease the current structure.
“Under the letter of the law, the structure simply could not be used by Planned Parenthood,” he said.
“They had their shot, they lied and now they can’t go there,” Tessitore said.
He had received no response from city officials.
Just a day earlier, WND reported a federal judge rejected Planned Parenthood’s request for a court order to the city to allow its abortion facility to open for business on its original schedule – today.
U.S. District Judge Charles Norgle during an emergency hearing rejected Planned Parenthood’s demand that the city be ordered to issue a certificate of occupancy so it could legally launch its abortion business in Aurora immediately.
Another hearing is scheduled tomorrow, to hear further arguments on the dispute.
“For years, Planned Parenthood has run roughshod over the rights of ordinary citizens,” said Jim Sedlak, vice president of American Life League. “It is heartening that a federal judge in Illinois has refused to be pressured by Planned Parenthood.”
According to Tom Brejcha of the Thomas More Society, each side is filing arguments for the judge.
Jill Stanek, a columnist for WND who has been monitoring the dispute, said the court hearing is over whether the opening can be delayed while the city finishes its investigation in the deceptive practices.
Pro-life activists, including Operation Rescue, the Pro-life Action League and others, earlier called on the city to deny the permanent permit for the 22,000-square foot building. Planned Parenthood said it already had scheduled appointments.
Mayor Tom Weisner has said the city is reviewing what has happened, to determine whether Planned Parenthood’s deceptions rise to the level of a fatal flaw in the approvals the facility got from the city.
“We’re not going to allow operations to begin until we’ve accomplished the investigation,” the mayor said.
The attack came from Steve Trombley, president of Planned Parenthood/Chicago Area, who sent out a three-page letter.
According to documents assembled by Stanek, Trombley’s letter said members of the “Pro-Life Action League … have a well-documented history of advocating violence against both persons and property as well as other related criminal activity.”
However, the “documented history” was a court ruling that later was overturned – three times – by the U.S. Supreme Court.
“Oh my, if that doesn’t scream libel lawsuit, I don’t know what does,” Stanek wrote on her blog. “Here, Trombley unmistakably accused [pro-lifers] of commandeering violence.”
Brejcha was not slow to act when the Planned Parenthood letter surfaced. Within hours,
he had generated a reply:
“We are writing you, on behalf of our clients, to demand a prompt and public retraction of false, libelous and malicious statements in your letter, dated September 4, 2007, to the mayor and aldermen of the City of Aurora (‘letter’), and also in recent newspaper ads,” Brejcha wrote.
“Specifically, you falsely stated in your letter that those ‘opposing [your] new facility [who] are headquartered in Aurora … have a well-documented history of advocating violence against both persons and property as well as other related criminal activity’ (letter, p. 1). You go on to assert, also falsely, that ‘the zealots who have been opposing our new facility have a well-documented history of violence and criminal activity’ (id., p. 3),” the letter continued.
“Your many assertions about the Pro-Life Action League (‘the League’) and Joseph Scheidler, its director, are red herrings as they have nothing to do with the Aurora protests. But they too are false and misleading. This you well know, as your Planned Parenthood clinics were part of NOW v. Scheidler, a national class action suit, and you are bound by its final result in favor of the League and Scheidler. The verdict your letter cites is a legal nullity, as it was reversed by the United States Supreme Court, not just once but twice. In 2003, the verdict was overturned, 8-1. Then in 2006, the Justices again ruled for the League and Scheidler 8-0, ‘unanimously’ – as you describe the verdict (letter, p. 1) while omitting any mention of its reversal. Final judgment was just entered for the League and Scheidler, in compliance with the mandate of the U.S. Supreme Court, in federal district court here in Chicago.”