At 9:12 am in Courtroom 1B of the Oakland County Courthouse, the Honorable James H. Alexander listened to Alan M. Greene, of Dykema Gossett PLLC, attorney for Planned Parenthood and attorney James L. Carey (for the defendant) in the lawsuit against the property owners of the land that Planned Parenthood seeks to develop into an abortion clinic.
The 12,000 square foot facility on Opdyke Road has a deed restriction designating it for office, retail or restaurant use only. Planned Parenthood purchased the property in November of 2010 without disclosing to the landowner what purpose they intended to use the property for.
The courtroom battle began when Judge Alexander seemed to dispense with the moral issue by asking, ‘Would we be here if this facility were intended to be used for a dermatology clinic?’ Carey set morality aside too and concentrated on defining medical practices, ‘Yes! If plastic surgery were being performed!’
Questions continued about the use of the facility. If it is not a hospital, what is the in-patient treatment? Do they keep a patient 24 hours? Is it a bedded facility? Overnight stay? Greene, speaking for Planned Parenthood said ‘No. They (Planned Parenthood) have to send their patients to a local hospital when needed (after an abortion procedure).’
Greene touted his client (Planned Parenthood) as merely a health services provider dispensing birth control, exams and counsel. At which point Carey said his client would agree to settle…so long as there would be no surgery performed at the clinic. Greene refused on behalf of Planned Parenthood saying that they would not be forced to conduct their business according to their neighbors’ objections.
Carey said the zoning ordinance distinguishes medical use and circumstances. They want to know:
- What the land will be used for
- What is the definition of medical office
- How an outpatient surgical facility can be considered equal to office usage
Judge Alexander questioned: ‘Is this not just a zoning issue or a restrictive covenant issue but also an interpretative issue: what does the public expect? Is it a matter of what is permitted by law or what is being waived by owner? If it (the property) is not controlled by zoning, is it then a government issue?
Moral issue? Legal issue? The decision may have less to do with what the definition of a ‘medical office’ and more having to do with regulation of medical practices in an office.
Judge Alexander ruled to give 60 days for new motions regarding these differences.
When asked how he felt about the outcome of the hearing, Carey said, ‘It was good. The judge is right. It is premature to try to determine this case now. We need more information to see clearly. There are a lot of issues here: political, legal and social. I am pleased that the judge took the hearing to get more familiar with what is going on in this case!’
Dr. Monica Miller, Director of Citizens for a Pro-Life Society, was smiling. ‘This is to our benefit! Judge Alexander realizes that we are in a real fight. He didn’t give Planned Parenthood anything!’
Dr. Miller urged pro-life supporters to pray for the next 60 days. ‘We are not hiding the fact that we want to stop the killing of innocent life!’ she said.
When asked how he felt about knowing that hundreds of people would be praying for him, Attorney Carey said he was glad. ‘The prayer of the righteous is powerful!’
