Building Code Board hearing tonight

PP AuroraThe zoning case against Planned Parenthood is moving forward in state court. Just yesterday Judge Kenneth Popejoy was assigned to the case in DuPage County court, which has reasserted its jurisdiction over the case after a brief haitus in federal court. And tonight we continue the municipal side of the case with an appearance before the Aurora Building Code Board of Appeals. This hearing gives city officials their third and final chance to seriously address the substance of the case against Planned Parenthood—as they’ve refused to do in our two appeals to the Zoning Board of Appeals. Corporation Counsel Alayne Weingartz has filed a Motion to Dismiss—even though she was the one who insisted our case had to be brought to this Board in the first place. Come out to the Fifth Floor Conference Room at City Hall (map) at 5 p.m. for the hearing, or check back here for live reports. 5:20 p.m. Sorry for the delay in getting an update here. Our faithful lawyers were caught in traffic thanks to an accident on I-88. They should be arriving any minute. The Building Code Board of Appeals is assembled, along with their attorney Pete Wilson (the same who represented the Zoning Board of Appeals), plus Aurora Corporation Counsel Alayne Weingartz, Planned Parenthood attorney Chris Wilson (no relation to Pete). Three are about half-a-dozen pro-life citizens, plus a few others. 5:25 p.m. Our attorneys, Peter Breen and Tom Brjecha, have just arrived, and the meeting has been called to order. Chris Wilson was apparently caught in the same traffic jam; he added his apology to Tom and Peter’s for the delay in starting. 5:30 p.m. Pete Wilson reviews the jurisdiction and procedures pertaining to the Building Code Board of Appeals, and how this hearing will go forward. The Board votes to assign Pete Wilson as the parliamentarian to assist them with the hearing. Building Code Board of Appeals5:35 p.m. Now the attorneys are asked to present their arguments on the City’s Motion to Dismiss. Alayne Weingartz argues that Fox Valley Families Against Planned Parenthood should be barred as a party to the appeal. Now she argues that darn near every aspect of our appeal should be thrown out, either because the Board does not have jurisdiction or because we’re too late. (It’s a shell game, folks. Last year we were assured that neither the mayor nor the city council had any authority to confront Planned Parenthood’s misdeads. Then we were told the ZBA doesn’t have jurisdiction either, and now neither, it seems, does the BCBA.) Alayne says the only matter this Board can consider is whether the building official should have issued a final occupancy permit, a question which relates only to whether or not PP completed their final “punch list” of construction issue. 5:40 p.m. Peter Breen now takes issue with Weingartz’s claim that FVFAPP cannot be party to this appeal. The cases Weingartz cited against us are over 50 years old and not form Illinois; but more recent Illinois caselaw supports FVFAPP as a party representing community members living nearby PP and impacted by their presence in the neighborhood. Now Peter responds to Weingartz’s assertion that our appeal comes too late. He says that approvals earned by PP improperly are invalid, regardless of whether they are individually appealed by a particular date. 5:45 p.m. Now Chris Wilson states that Planned Parenthood joins the City’s Motion to Dismiss. FVFAPP has no standing, and only punch-list items can be considered in the question whether Planned Parenthood ought to have been issued a final occupancy certificate. And now the Board votes to adjourn to executive session to consider the Motion to Dismiss. . . 6:30 p.m. We’re still waiting on the Board to return. They’ve been in executive session for 45 minutes. 7:15 p.m. Still waiting. Tom Brejcha muses that the “six-man version of Twelve Angry Men” may be going on. Pro-life activist Joe Basar replies, “As long as they’ve got a Henry Fonda in there.” 7:20 p.m. The Board returns. The chairman calls on a member to offer a motion. One of the members moves that the Motion to Dismiss all matters that fall outside the 20 day limit for appeals be granted. The Board votes unanimously to do so. 7:25 p.m. Chris Wilson explains that the only matter that remains is the issuance of the occupancy permit, which it seems the Board agrees depends only on whether those matters on the final punch-list of construction code items were correctly addressed. The Board votes to meet again Sept. 24 to discuss that matter, and adjourns the meeting. What this means: For the third time—the fourth time if you add in the mayor’s statements back on October 1 last year—city officials have refused to squarely face the serious problems surrounding Planned Parenthood’s erection of the Abortion Fortress of Aurora.

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