Motion filed to close Planned Parenthood
Posted by Matt Yonke, December 19th, 2007
In an exciting development, our crack team of attorneys filed a motion today that could have very far reaching consequences.
Before I can explain exactly what has happened, a little legal background will be helpful.
First, in the current Zoning Board of Appeals (ZBA) hearing, our attorneys are arguing that, when the city issued a permit for Planned Parenthood in October despite all the evidence that PP should not occupy that property, they made an inaccurate zoning determination. When a property has been understood as improperly zoned, it is illegal under the City's own code to issue any further occupancy permits.
Second, when the zoning of a property is under legal question, as PP's is in the current ZBA hearing, there is a stay placed on the issuance of any further permits. That is to say, if your building is under investigation for zoning impropriety and your occupancy permit expires, the city may not issue a new permit until the zoning questions are resolved.
So, that brings us up to speed on the legalese. Here's where it gets interesting. We had previously assumed that PP had a full fledged permanent occupancy permit. It came to light last week that they were still operating on a temporary occupancy permit, one that was set to expire on Monday, December 17th!
Curious little creatures that we are, we asked the city for any permits currently active on the PP property just to get a clear grasp of what we were dealing with. What we got back surprised us. The city sent us a permit that was issued on October 1st 2007 and expired July 1st 2008. Recall that we had seen a permit that was issued October 1st and expired December 17th!
It seems that the city backdated this permit to cover PP's operation, acting as if it had been this way all along. Now, recalling the legalese we talked about earlier, this permit is illegal for three reasons:
- It is a back-dated permit that has a false date on it. No permit for PP was issued on October 1st 2007 that expires July 2008.
- It is illegal for this permit to be issued as the city has, by their actions, essentially admitted that the property PP's building sits on is improperly zoned.
- It is illegal for the city to issue any permits for any property whose zoning is under appeal before the ZBA.
This back-dated permit clearly seems to be the city's attempt at saying that they aren't issuing any new permits on the disputed property, but that's exactly what they are doing and that 's exactly what our attorneys are going to prove.
A motion was filed today to have Planned Parenthood's illegal temporary occupancy permit revoked. This motion will be discussed at the ZBA hearing on January 7th, 2008. Also at that meeting, the city's motion to dismiss the case and our motion to subpoena city employees and outside counsel will be discussed. That will be an exciting meeting, mark your calenders now!
As always, pray that God will move the hearts of the ZBA members, Alayne Weingartz, the Mayor, and any other officials that have sway over this process to find the truth of the matter and right the wrongs PP's deception has caused.
Lord Have Mercy!
Hey, maybe we can have recourse to Chief Powell and the Aurora police. He DID say that he was going to "enforce the law". Isn't this the City violating the law?
God Bless,
Roger
December 19th, 2007 at 8:25 pm
Come on people, shout it out with me–"We are proud to be counted to be amongst some of the best curious little creatures there are!" And Eric and our lawyer team are the best!
December 19th, 2007 at 10:49 pm
10.3-2. No such occupancy, use or change of use, shall take place until a certificate of
occupancy therefore shall be issued.
…
Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the zoning administrator for a period of not more than six (6) months during the completion of the construction of the building or of alterations that are required under the terms of any law or ordinance. Such temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the city relating to the use or occupancy of the land or building, or any other matter covered by this ordinance, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.
Now, as I read in the Beacon today, the City has stated that they “renewed” this certificate. Given this, the renewed certificate could be issued, at most, until April 1, 2008.
Now, quite obviously, with the recent renewal, this will cause the permit to be extended beyond the 6 months. To that extent, what prevents the city from indefinitely extending this permit?
I wish the attorneys all the best.
See you in January!
December 19th, 2007 at 11:55 pm
JOY TO THE WORLD!!!!
Hearing this news is like hearing a mighty tree crack before it is about to fall to the GROUND!!!!
Can this matter be appealed in a court of law if the Aurora ZBA does not fulfill their duties with respect to the new motion??
Is there proof that the original temp was dated for to expire in December? Can you retrieve the minutes from the previous ZBA where you made the observation in the open and on record, confirmed or not disputed??
AMEN!!
AMEN, brothers and sisters!!!
December 20th, 2007 at 6:41 am
After the administrative remedies are exhausted, the matter could be appealed into court. Hopefully, it will be the City appealing.
December 20th, 2007 at 9:26 am
I am so glad to hear this news. When I saw the Beacon headline yesterday, I was very concerned about what was happening with the temporary permit. I am very thankful for the hard work of our attorneys.
December 20th, 2007 at 3:01 pm
Happened to be driving down Garfield today and noticed a snowman built by some industrious kiddies. Frosty says: "Planned Parenthood lies to you."
December 20th, 2007 at 6:37 pm
Even Frosty is a jolly wise soul!!!!!! hahahaha
December 20th, 2007 at 7:25 pm
Our Father who art in heaven, hallowed be thy name.
Thy Kingdom come, Thy will be done, on earth as it is in heaven.
Give us this day our daily bread,
and forgive us our trespasses.
As we forgive those who trespass against us.
And lead us not into temptation,
but deliver us from evil.
For thine is the Kingdom, and the power, and the glory.
Now and forever. Amen
December 20th, 2007 at 11:52 pm
AMEN Paul2
The Lords Prayer is where it is AT!!!
I felt movement just reading it. Even though I say it quite often.
Thanks Paul2
December 28th, 2007 at 6:44 am
I'm sorry to say but this won't get off the ground. Just like every other time.
**FAMILY PLANNING IS PRO-FAMILY!***
December 30th, 2007 at 11:31 pm
Halo, did you give yourself that moniker…it doesn't seem to fit. Holy Angels don't approve of killing babies and killing babies is NOT part of family planning.
December 31st, 2007 at 12:45 am
Paul2…
What a typical pro-lifer you are. Judging without knowing.
Shows alot for the type of people that are on this site. As I have always expected.
**FAMILY PLANNING IS PRO-FAMILY!** hands down.
December 31st, 2007 at 7:00 pm
What are you thinking?
When Christian people think of FAMILY PLANNING, it conjures up thoughts of caring parents providing for dependents. Your rationale is what, kill them early so they don't make me miserable. Is that your version of thinking ahead?
January 3rd, 2008 at 12:43 am
Doesn't family planning include birth control? I'm not referring to abortion which you're obviously opposed to, but what about birth control?
January 3rd, 2008 at 3:59 pm
Hormonal contraceptives, e.g., the Pill, Norplant, Depo-provera, all have early abortion as a mode of action, some more than others. Single-phase hormonal contraceptives (shots, implants, some pills), as well as IUDs, work primarily by disrupting the proper growth of the uterine lining, preventing implantation of a newly conceived human being. Dual phase pills (estrogen/progesterone) have 3 modes of action: preventing ovulation, impeding sperm motility, AND preventing implantation. Aside from threatening newly conceived babies, all hormonal contraceptives pose serious short and long term threats to the woman, including blood clots, stroke, heart attack, and breast cancer. So what about hormonal contraceptives? They're dangerous. If they were found in foods, the foods would be recalled for public health threat.
Condoms are playing Russian Roulette with one bullet in a 6-shooter–failure rates are the same for pregnancy (and likely much higher for disease transmission).
So what are you left with? Abstinence until marriage, then Natural Family Planning (NOT rhythm method) within marriage. NFP is scientifically proven to be over 99% effective (better than the Pill). It is based on learning to identify signs of fertility and practicing periodic abstinence (8-10 days each cycle) if there is serious reason to avoid/postpone pregnancy. And it is even taught to couples by fertility specialists to help them conceive, since it does identify fertility. !00% safe for both mother and baby. Find out more at the Couple to Couple League.
Sex was meant to be a total giving of oneself to one's spouse. Anything other than that has serious negative consequences.
January 3rd, 2008 at 4:50 pm
Just read this article, you can bet that Planned Parenthood's UN/International arm will be in the forefront of pushing the abortion agenda on countries that have abortion bans or those who have laws that regualtes or limit access. Their tenticles are everywhere.
The UN is useless and the US needs to continue to stand against its attempts to dictate US policies both domestic and international. We also need to watch how much influence the International Court has over our own laws and judicial system. This something we all need to watch and ask the Presidential Candidates how they view the UN and the International Court.
1-3-2008
United Nations Rolls Out Liberal Agenda for 2008
Family News in Focus
Abortion and global warming rise to the top of the list.
Abortion rights and global warming top the United Nations’ list of priorities for the New Year. Pro-family experts say the agendas behind the list could be harmful to families.
Wendy Wright, president of Concerned Women for America, said the global organization wants to integrate "reproductive rights and services into various agencies and U.N. programs in order to promote abortion and sexual license.”
The U.N. is calling 2008 the International Year of Planet Earth. Thomas Jacobson, Focus on the Family Action's representative to the U.N., questions the association’s intentions.
“My guess is, along with other U.N. focuses on the environment in the past, it’s a mechanism in order for the U.N. to gain influence or control over greater areas of governance worldwide," he said.
The United States typically doesn’t adopt liberal U.N. policies, but the organization has had an influence on America's court system.
January 3rd, 2008 at 6:49 pm
Paul2…
Although I shouldn't be endulging you, considering, like I already mentioned, you judge without knowing which is not at all Christian…or maybe it is…hm…
Anyway, I'm going to clear things up for you. Which, you and many others, seem to be confused about. Pro-choice supporters are just that…*pro-choice* supporters. We support a women's right to choose, we don't support killing babies. Which is why we aren't called, 'pro-kill all babies'. We are supporting the RIGHT that all people have to make there own choice. Whatever that choice maybe. We support there right to make it and to have that choice available for all. That's what I, and MANY others, are preserving. Take away choice, and whats the next RIGHT to be taken away? I really hate to think.
**FAMILY PLANNING IS PRO-FAMILY!!**
January 3rd, 2008 at 9:54 pm
"Choice" demands an object. It's not a stand-alone word, Halo. You choose something. I choose not to be violent. That doesn't mean that were I to choose the opposite it would be okay because it was a choice. By being in favor of the legalization of abortion, you are condoning abortion as a legitimate option. Your opinion is to legitimize the killing of babies. Word games are balm for only so long.
January 3rd, 2008 at 11:09 pm
Halo, You are correct that everybody has an inalienable right to freedom of choice, but we have to do everything in our power to restrain people from choosing to kill one another. And those babies inside the womb deserve protections because they are human life.
January 4th, 2008 at 12:46 am
Halo, Michelle Anderson and her boyfriend just made a choice to wipe out six family members in Washington. That was their idea of family planning. They both said they loved the people they killed and after murdering them they said that they hoped the ones they killed were at peace.
FAMILY PLANNING IS PRO FAMILY right?
January 4th, 2008 at 12:53 am
Halo, please defend responsible freedom!!!!
What is responsible about unprotected sex???
What is responsible about 50 MILLION Abortions in 35 YEARS???
Please defend?
P.S. Is Halo your real name or is that your just a handle?
January 4th, 2008 at 6:48 am
"We support a women's right to choose, we don't support killing babies. Which is why we aren't called, 'pro-kill all babies'. "
——————————————
Halo,
A women's right or any person's right to choose ends where another person's rights begin. In this case, the woman's choice ends where the baby's right (to live) begins.
If I chose to harass you, will you defend my right to choose? Obviously not, because it violates YOUR rights.
And oh, fyi, you call yourselves "pro-choice" because it is more acceptable and more palatable than being "PRO-ABORTION" (aka..pro-kill all babies) …even if it's the truth.
January 4th, 2008 at 9:38 am
Halo -
The most important right we are guarenteed by our Constitution is Life. Without it Liberty, Happiness and "Choice" cannot even be discussed.
As far as judging - Stating that abortion is the killing of a human being is not judging. It is fact. No different then when we stood against slvery. That was legal, but it didn't make it right.
Wanting to help girls to make a decision by not having an abortion is not wrong either. Family Planning is a joke. It has nothing to do with helping a husband, wife and children plan their future. Family Planning is another word for abortion and we all know it. If it was really about planning then there would be prenatal care, post natal care, skills training, parenting classes, job placement, day care and housing assistance provided. Put PP and other abortion providers DO NOT CARE about families they provide NONE of these services. Churches and Christian organizations provide many of these services.
Being a Christian is often standing up and condeming what is wrong when society says it is right. Jesus isn't just all love. He called us to a difficult life that is completely different then the World. He told us that if we "Chose" to follow Him, to expect the world to hate us. And the world does. I have no problem stating that I am sinner in need of a Savior.
I use Jesus's example. When he told others to cast the first stone at the adultress, he was telling them to make sure they weren't guilty of the same sin. But then Jesus told her to go and sin no more! He was showing her grace and mercy, but He was also was clear in the directive to change her lifestyle so that she would not be back in the same situation. Jesus does this over and over. He loves the sinner but hates the sin. So should we as Christians. This is not hateful or intolerent. It is the standard that we all must live up to.
January 4th, 2008 at 9:51 am