There will be an important Aurora Zoning Board of Appeals meeting this coming Monday, January 7, with 3 big issues on tap.

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Based on the 3 issues, the ZBA will either decide to close down Planned Parenthood for multiple ordinance and zoning violations, or not.
If so great, the rule of law has prevailed. If not, our side will take the City of Aurora to court if the ZBA agrees with it on #1 to force the City to follow its own city laws, according to Thomas More Society attorney Peter Breen in an email to me.
The 3 issues….


1. City’s motion to dismiss
Get this hubris. Two ZBA hearing dates and a full month after the ZBA expressed intent to agree to subpoena (see #2), Weingartz has now challenged the ZBA’s authority to subpoena! Here’s our side’s response.
So that’s issue #1: Can the Aurora ZBA subpoena Aurora officials? If the ZBA agrees it has no subpoena power, then #2 and #3 are moot.
2. Subpoenas
weingartz.jpgOur side has filed a 2nd motion with the ZBA to subpoena city officials to find out who knew what when about Planned Parenthood, and how much they knew, as well as subpoena the so-called “independent” investigators to find out what information Weingartz gave them by which to make their opinions. You’ll recall the ZBA slapped Weingartz (pictured right) at last month’s meeting for refusing to hand over documents to our side and told her to cough up most. We want all.
3. Backdating
This is a new one. When last we left Aurora Mayor Tom Weisner and his legal sidekick Alayne Weingartz, they were trying to figure out how to keep Planned Parenthood open despite the fact PP’s 3rd and final temporary permit expired December 17.
The clever pair simply decided to backdate the permit to say it was issued October 1 and expires July 1, 2008.
“Foul!” cried TMS attorneys, who immediately filed a motion on December 18 with the ZBA to nullify that move.
Breen explained backdating, particularly in this case, was “absolutely illegal” according to Aurora zoning ordinances, ZBA rules and regs, and various IL laws. Why?

A) Aurora officials have admitted zoning irregularities occurred during the PP approval process. Aurora zoning ordinances (i.e., local city law) state tht certificates of occupancy can’t be issued when there are zoning irregularities. Aurora can’t issue new permits or certificates when plans don’t meet zoning requirements. Not only have city officials acknowledged zoning screw-ups, zoning violations are now clearly visible, including parking, set-backs, and wrong approvals from the City.
B) Whenever anyone files an appeal to the ZBA, which our side has done, that action stays “all proceedings in furtherance of the action appeal from,” according to ZBA rules and regs, meaning the city can’t make any further actions until the appeal is resolved.

So issue #3 is for the ZBA to resolve whether to nullify the backdated temporary certificates of occupancy.
The smell of rats only grows stronger. Stay tuned.

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