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Judge Gives Planned Parenthood Green Light to Open Abortion Facility; Citizens for a Pro-Life Society Vows Continued Opposition

On Tuesday, January 10, 2012 Oakland County Judge James Alexander, in a controversial decision, ruled in favor of Planned Parenthood of Mid and South Michigan’s interpretation of a deed restriction held by the Comfort Inn Suites essentially giving the abortion provider the green light to open an clinic in Auburn Hills, Michigan. The court’s ruling comes after a 14 month-long battle that pitted the abortion provider against Citizens for a Pro-life Society and other pro-life groups who worked to keep the Planned Parenthood building at 1625 N. Opdyke Road abortion free. In December 2010 Planned Parenthood purchased the Opdyke Road property that sits directly in front of a Comfort Inn Suites hotel. The hotel owners, in an attempt to prevent the clinic from opening in their front yard, threatened to enforce its 12 year-old deed restriction that limits the use of the Opdyke property to retail store, restaurant or office.

Planned Parenthood sued the hotel owners over the interpretation of the deed restriction language. Citizens for a Pro-Life Society spear-headed opposition to the opening of the clinic and for over a year the Planned Parenthood property has stood empty and silent while parties on both sides of this dispute battled the case in court—a case abortion opponents have been watching closely.

Monica Migliorino Miller, director of Citizens for a Pro-Life Society states: "We are filled with great sorrow and disappointment today. Judge Alexander’s ruling will lead to the killing of innocent human life when Planned Parenthood opens the doors of this clinic. We worked hard to stop the spread of abortion's injustice and hoped to spare Auburn Hills this place of death, lies and sorrow. We are sorry that the hotels in the direct vicinity of the Planned Parenthood building may have to share their business environment with the sordid practice of abortion. I know that the Comfort Inn hotel will appeal this case. And we remain undaunted. We will continue to fight the opening of this death center—and be a voice for those innocent unborn who cannot speak for themselves."

A Short History of this Case

April 27, 2009: Planned Parenthood of Mid and South Michigan CEO Lori Lamerand announces in Detroit News that PPMSM plans to open an abortion facility in Oakland County.

November 2010: Citizens for a Pro-life Society discovers that PPMSM purchased building at 1625 N. Opdyke Road in Auburn Hills, MI.

December 2010: CPLS launches protest against the establishment of the PPMSM abortion clinic in Auburn Hills beginning with 200 Oakland County residents jamming Auburn Hills City Council meeting Dec. 7, 2010.

With help from Dave Theisen of Real Estate for Life, CPLS talks to all business owners in close proximity to the PPMSM Opdyke Road property and discovers that the Comfort Inn Suites holds a deed restriction on the building purchased by Planned Parenthood.

CPLS learns that PPMSM attorneys at Dykema Gossett sent a letter to the Comfort Inn Suites hotel owners notifying them that they represent a possible purchaser who may want to open a “medical office.” Dykema Gossett did not disclose that their client was Planned Parenthood and that it intended to open a surgical treatment center—i.e. an abortion clinic.

PPMSM are notified that the Comfort Inn Suites will enforce their deed restriction.

PPMSM files lawsuit against the Comfort Inn Suites.

In the meantime numerous rallies, demonstrations and prayer vigils organized by Citizens for a Pro-Life Society joined by Central Oakland Right to Life, Michigan LifeSpan, and several local-area churches take place at the Opdyke Road property. The most recent CPLS demonstration took place Saturday, January 7, 2012.

PPMSM case is assigned to Oakland County Judge James Alexander. The first hearing takes place Sept. 7, 2011 and judge rules for a 60 day extension for discovery.

Tuesday, January 10, 2012 court decision to decide future of the Planned Parenthood clinic. Whatever decision is made by Judge Alexander, it is expected that his ruling will be appealed.

Tuesday, January 10, 2012 Oakland County Judge James Alexander rules against the Comfort Inn hotel’s deed restriction, thus permitting Planned Parenthood to open an Auburn Hills, MI. abortion center.

Click here  for the motion filed by James Carey, attorney for the Comfort Inn Suites, in response to PP’s motion for summary judgment.
Click here  for the motion filed by Planned Parenthood.

Links to more coverage of Judge Alexander's decision:

The Examiner
Life News
The Oakland Press

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