Newswire

Township agrees to settle over abortion clinic

Township agrees to settle over abortion clinic

By Keith Phucas / King of Prussia Courier

UPPER MERION - Faced with mounting legal costs from its three-year court battle with an abortion clinic, Upper Merion Township agreed Wednesday to an $800,000 settlement in the case.


UPPER MERION - Faced with mounting legal costs from its three-year court battle with an abortion clinic, Upper Merion Township agreed Wednesday to an $800,000 settlement in the case.

The clinic, Associates in Obstetrics and Gynecology, claimed in its federal lawsuit that the township singled the facility out for selective enforcement because of anti-abortion sentiment, and in doing so, denied patients their constitutional right to an abortion. In the settlement agreement, the municipality admitted no wrongdoing and the women's clinic agreed to withdraw all claims against the township, according to a press release issued by Ed Higgins, Upper Merion's public information officer.

The $800,000 cash payment is to be paid over a period of years. According to township manager Ron Wagenmann, Upper Merion's insurance companies would only cover a portion of the six-figure settlement. After more than three years, township officials are relieved that the lawsuit is over.

"We're satisfied that it's finished, and that our zoning policy will be upheld," Wagenmann said.

Thus far, township officials have not disclosed how much money was spent defending the case, though the amount is said to be sizeable. The press release said the township settled the suit "to minimize the potential financial burden to the community given the unpredictability and uncertainty of this type of litigation and the mounting expense of continued litigation."

The clinic first attracted attention in August 2001 when pro-life demonstrators picketed outside the two-story office building, at 677 W. DeKalb Pike, across from the King of Prussia mall. That same month, zoning officer Mark Zadroga issued the clinic a cease-and-desist order for violating a zoning ordinance and failing to have a use-and-occupancy permit.

Since 2001, the municipality and clinic have been embroiled in a protracted legal battle over whether the clinic was operating legally. The township contended that the women's facility violated municipal zoning code that requires medical clinics to operate on at least three-acre parcels. The clinic appealed the citation. On June 5, 2002, the Zoning Hearing Board issued a 3-0 decision that the facility was violating zoning policy and should cease operation.

The clinic then filed an appeal in Montgomery County Court of Common Pleas.

In December 2002, the court upheld the zoning decision. In 2003, Associates in Obstetric and Gynecology filed a civil-rights lawsuit in federal court. The clinic closed permanently on March 13, 2003.

In August 2003, the township Board of Supervisors voted narrowly to reject a proposal to settle the case that would have allowed the clinic to reopen.

Posted by Editor at December 16, 2004 09:21 PM