After the ZBA: What happens next?
Posted by Matt Yonke, January 8th, 2008
Last night's Zoning Board of Appeals (ZBA) hearing was fast and furious. It was full of back and forth between attorneys and the ZBA. It seemed like it was over before it began! I'm sure a lot of people are wondering what implications last night's events will have on the future of our efforts here in Aurora.
First of all, I hope it's clear to everyone that this was not the end of anything, nor was it a defeat. This case is still just getting started and we were in no way harmed or set back by last night's outcome. But more on that later.
Let me start by explaining what exactly happened last night. As I said at the beginning of the live blog, the first and only motion the ZBA heard last night was the motion from the city to dismiss the case. It's important to understand that the reason the city alleged that the case should be dismissed had nothing to do with the merits of our case. The reason was that they believed the ZBA does not have the authority to hear our case. This is a jurisdictional matter and nothing more.
Why is that important? Because nothing about the substance of our case has been hurt or disproved in any way. Tom Brejcha said he wasn't surprised by this result at all. The whole process of going before the ZBA was what the lawyers refer to as "exhausting all administrative remedies", which means that before we run off to court, we make a good faith effort to settle this matter through local due process.
What happened last night was that the ZBA brushed this case off their plate over reasons of jurisdiction, not over the merits of our case. No statement was made about the strength of any of our arguments or evidence. In fact, our attorneys have stated that, in their opinion, no one has actually heard the substance of this case yet. Not the ZBA, not the Mayor, not Ms. Weingartz, no one. Getting this case out of the Aurora political scene could well be the best thing for us.
So, back to the title of the post, what happens next? Well, the first step is to be patient. As I said earlier, this case is taking its very first steps. Barring some unexpected grace, we will be following this case for quite a while, and it remains to be seen where it will lead.
Last night the ZBA read a statement, but there remains the issuance of a written order that will officially put the ZBA's position into words that our attorneys can interact with. It might be a good deal more complex than what was read last night and until Peter and Tom see that, they cannot predict what exactly our next move will be.
For strategic reasons, they'd rather not discuss our options out in the open right now, but rest assured that plans are in the works. This case has only just begun and our Brejcha and Breen are as optimistic and confident in our case as they were the day we began. Perhaps more so.
So be strong and courageous. The case is as strong as it ever was, our attorneys are excited and preparing for the next round. Most importantly, our God is in charge of this process and the truth is on our side. Some trust in horses, some trust chariots, but we trust in the name of the Lord our God! He will prevail!
Thanks for the live blogging yesterday Eric. May God's Holy Spirit provide you and our legal team with fortitude and good counsel throughout the court battle.
January 9th, 2008 at 4:36 am
Paul2 -
I think the ZBA had a pre-written response. They went through the motions for show. I don't believe there was any real discussion behind closed doors. They just didn't want to deal with it. They want it in the courts so that someone else can make the hard decisions, and they're not the bad guys. The city is either in bed with PP or they don't want PP to sue them, either way it is time to clean house in Aurora.
We still have the illegal fence up, we still have an illegal building operating and the law is thrown out, ignored or minipulated.
January 9th, 2008 at 11:59 am
Tara, good to see you posting. I have to admit that I was really hoping they would strip PP of their building permit. The way I see it though, this is going to be tied up in the courts for a long time. It might actually be a blessing that it is going to a "real" court sooner. Even if the ZBA had ruled in our favor, and set hearing dates in Aurora etc..etc.. PP would have appealed their decision. Now it will end up in the apellate courts sooner rather than later.
January 10th, 2008 at 2:05 am
So, just out of curiosity, I'm wondering if you all have bothered to inform your "for standing only" plaintiffs (the residents whose presence gives you standing to sue) that when you inevitably lose in court, they may be liable for the City of Aurora's legal bills in defending this thing? I hope your attorneys are ethical enough to do that.
January 11th, 2008 at 9:31 am
Carol -
What makes you think that we are going to lose? I think we actually have a good shot. The City punted all the way down the line. They didn't want to deal with it. and like I said before, the city wants the courts to decide so that they don't look like the heavy. If PP loses they should be prepared to pay the city back.
But in either case, the truth will come out now, and there will be no more hiding and passing the buck.
January 11th, 2008 at 9:56 am
Carol,
Our attorneys are serious professionals who have argued cases before the U.S. Supreme Court. They are as above reproach as any group of men I have ever met, and say that as someone who works with them personally on a daily basis. If there are risks involved I'm sure people have been informed.
That said, people have put their houses on the line as collateral in court cases like this (and won!). Stopping abortion is worth whatever it costs.
Peace be with you,
Matt
January 11th, 2008 at 10:14 am
A city cannot sue you for legal fees when attempting to enforce your rights in a court of law. In addition to being a pretty severe violation of common sense that it could ever happen, this is anything but a frivolous lawsuit, Carol.
January 11th, 2008 at 11:54 am
Former Baseball Star Burke Masters will be saying Mass at Sacred Heart Parish/Lombard on Sunday, Jan 13th at 11AM. He will tell his story from being a star baseball player to becoming a priest in the Joliet Diocese. See you there!
http://www.cuf.org/LayWitness/LWonline/MA07Masters.asp
Mike
January 12th, 2008 at 11:33 pm
For all of you who would like to see Mike Huckabee come out to Aurora, click on this link: http://eventful.com/demand/D0-001-001155231-3. He (along with McCain) is the most pro-life candidate (with a chance) running for President.
January 13th, 2008 at 2:51 pm
Woops, sorry, this is my first time trying this, hopefully this link will work: http://www.mikehuckabee.com/?FuseAction=Blogs.View&Blog_id=1163
January 13th, 2008 at 2:54 pm
Anybody who can answer this legal question for me. Lets say I have a 15 year old daughter who geos to PP and gets an abortion without my notification. A year later she is having so much regret that she has attempted suicide along with daily pain and suffering. Why couldn't I then, as her legal guardian, successfully sue PP on behalf of the harm they have caused to my daughther? Why couldn't she sue them herself since it is my understanding that a minor cannot enter into a binding legal contract? Why couldn't I sue the State of Illinois for failing to find a way to implement the Parental Notification Act of 1885 in a reasonable amount of time?
January 13th, 2008 at 5:29 pm
January 14, 2008
Who pays for Planned Parenthood's "sell sex" ads?
We the taxpayers do. American Life League has just posted its latest video report spotlighting Planned Parenthood's new "Mile High" ad as well as favorite moments from other PP ads. Who could forget, for instance, the PP superhero who blasted pro-lifers to smithereens with a gun loaded with condoms?
http://www.jillstanek.com/archives/2008/01/who_pays_for_pl.html#comments
Mike
January 15th, 2008 at 6:47 pm
NFP vs. Contraception Video's
These newly posted short commercials in the Apple vein were shot by seminarians at the Institute for Priestly Formation in Omaha.
http://www.jillstanek.com/archives/2007/07/nfp_vs_contrace.html#comments
Mike
January 15th, 2008 at 6:52 pm
Mike,
Thanks for putting these links from Jill's website. These are good ones.
January 15th, 2008 at 8:15 pm