"Six Albemarle County residents are suing Albemarle County, contending that Planned Parenthood of the Blue Ridge has no legal right to operate on Hydraulic Road.

Garden Court residents Renae Townsend, Paul Begin, Rosemary Breen, Eddie and Kathy Giles and Steven Smith allege in the lawsuit that their property will be “adversely affected” by Planned Parenthood’s office, which adjoins Garden Court.

“The landowners are saying, we know our property values are going to go down because of this,” said J. Michael Sharman, a Culpeper lawyer who filed the suit. “They know there is going to be increased tension and increased disturbance.”

County spokeswoman Lee Catlin said the county would not comment on the suit.

Today, the Albemarle County Board of Zoning Appeals will take a look at a zoning appeal filed in August by Townsend.

Hundreds of people from both sides of the debate are expected to show up for today’s hearing, which will be held at 1 p.m. in Lane Auditorium.

Townsend’s appeal is based on the August certificate of occupancy, but mainly alleges that the special-use permit approved four years ago for a professional office is inconsistent with the types of services Planned Parenthood provides.

County officials have said that Planned Parenthood is a “medical office,” a sub-use of the professional office designation.

Sharman said filing the lawsuit concurrently with the zoning appeal allows more property owners to ask for the revocation of the special-use permit, while today’s appeal can only deal with the certificate of occupancy.

“[The court] can look at the underlying occupancy from the beginning and see if Planned Parenthood’s use of the property is void,” Sharman said.

Planned Parenthood, which opened in August, provides adoption services, pre-natal care and first trimester abortions at its office. According to the staff report to the Board of Zoning Appeals, abortions are provided at the office only one day a week.

If the court sides with the plaintiffs’ arguments, the lawsuit asks that Planned Parenthood be required to go through a new special-use permit process to be designated as a hospital or medical center.

“Planned Parenthood has said they’re a hospital,” Sharman said, referring to statements the organization made after it bought the building.

Planned Parenthood officials have said in the past that the building conforms to hospital standards in case legislation is passed requiring abortion clinics to adhere to those criteria.

Hospitals and professional offices are allowed by special-use permit in that residential area. Medical clinics are not.

The Central Virginia Family Forum, which calls itself a “pro-family” organization, is aiding Townsend and others with the appeal and lawsuit. Forum board member Tobey Bouch said the lawsuit has been planned “for a long time.”

“It’s not really a next step as it is another approach,” Bouch said." (Julie Stavitski, The Daily Progress, November 9, 2004)

Contact Julie Stavitski at (434) 978-7237 or jstavitski@dailyprogress.com.