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LeRoy lawyer files lawsuit to stop state park closures
By Scott Richardson
srichardson@pantagraph.com
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BLOOMINGTON -- LeRoy lawyer and doctor Tom Pliura lodged a lawsuit in McLean County Circuit Court on Friday, arguing that Gov. Rod Blagojevich and the Illinois Department of Natural Resources lack the legal power to close 11 state parks as planned Nov. 1. | Motion: Temporary Restraining Order(PDF) | Pliura's IDNR suit (PDF)

Pliura seeks a temporary restraining order to prevent the closings, which he called “grandstanding and politics.”

He insists IDNR only has powers that the General Assembly bestowed on the agency, and lawmakers never have given IDNR the right to close state parks. He also argues law requires IDNR to provide places for citizens to hunt and protect endangered species by law, but no environmental impact studies have been done to gauge what might happen to rare plants and animals if parks are closed. | Rallies planned to protest closures

IDNR is mandated to keep parks open “to be for the benefit and enjoyment of all the people in the state,” a draft of the lawsuit states. The “plan to close the identified State Parks is inconsistent with the legislative purpose, contrary to stated public policy off the state and outside the statutory scope of the Defendant’s authority.”

“I think it’s valid. We have some very strong points here,” said Pliura, who operates a horse-riding concession called Outlaw Outfitters at Moraine View State Park near LeRoy, one of targeted sites. “What we are saying is wait a minute, you cannot do this. You are not empowered to do this.”

Pliura’s state contract for the concession runs beyond Nov. 1. He said he is unconcerned about losing the business, which he termed more of a hobby than a money-maker. Indeed, the contract is not mentioned in a draft of the lawsuit obtained by the Pantagraph on Thursday.

Losing the outdoors

Rather, Pliura, an avid outdoorsman, is angered by the pending loss of quiet places to enjoy the outdoors and to escape pressures like the politics he thinks lie solely behind Blagojevich’s action. Pliura believes the real cause is a political rift between the Democratic governor and Speaker of the House Mike Madigan, also a Democrat. As a result, Pliura sees an irony in the fact Madigan’s daughter, Attorney General Lisa Madigan, will be forced to defend Blagojevich in the lawsuit.

Pliura thinks a hearing on the restraining order could be held as early as next week.

IDNR spokesman Chris McCloud said Thursday the agency does not speculate on lawsuits that haven’t been filed.

The governor cited a budget shortfall of about $1.4 billion as the reason behind state layoffs, state park closures and a plan to shutter 13 state historic sites, including David Davis Mansion in Bloomington.

But, Pliura said whether state parks are making money or losing money for Illinois is not the issue, and he refuses to take part in those discussions to avoid lending credence to Blagojevich’s arguments. Pliura said state Medicaid doesn’t make money nor do state-funded inoculation programs for children.

“But, no one is talking about doing away with those. They are benefits,” he said.

In related action, the McLean County Mayors Association, in a release issued Thursday, said members believed a balanced state budget is in the “best interest” of the state. But, “David Davis Mansion, Weldon (sic) State Park and Moraine View State Park contribute to the quality of life of those who live in close proximity to them…”

Edith Brady-Lunny contributed to this report.

Take a look
LeRoy lawyer and doctor Tom Pliura, seen here Sept. 2 at Dawson Lake, said he will lodge a lawsuit in McLean County Circuit Court arguing that Gov. Rod Blagojevich and the Illinois Department of Natural Resources lack the legal power to close 11 state parks as planned Nov. 1. (Pantagraph file photo/CARLOS T. MIRANDA)
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Reader comments on this story - 42 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

Annienap wrote on Sep 13, 2008 8:31 PM:

" Go, 'Stubby' GO!! We WANT our parks and historical places OPEN. THANK YOU!! "

Not so Political wrote on Sep 13, 2008 12:35 PM:

" Candy - As for "Free rides for seniors", I hope that when you get older you can afford to drive everywhere you want. Tell your grandmother that she is going to have to walk when she can no longer drive because she looses her lic. As for my spelling I try but having been seriously injury 5 years ago I still have a little trouble with spell and a few other small things. So buss off and have some feelings for those that are not as perfect as you. Thanks Pantagraph. "

Not so Political wrote on Sep 13, 2008 12:35 PM:

" Candy - how can anyone think that one person can come in and bail out the state in a few years after someone (Ryan) placed it millions of dollars in the whole to help his rich friends get richer. It appears that you look at things with a narrow mind. Open up and look at the whole picture. The only way to make the budget better is charge for everything, raise taxes, or close things that do not bring in any income. With people driving less, road taxes paid are less. Houses being foreclosed on property taxes will not be paid or be less. People can not afford to buy as many things at the grocery store so sales taxes are down. Auto sales are down there goes the sales taxes again. "

420 wrote on Sep 13, 2008 12:35 PM:

" No state worker pay raises will solve the funding for our parks! No Raises! "

DaveII wrote on Sep 13, 2008 11:40 AM:

" Well, Candy it is clear that you don't have anything to add about this solution that is of interest to me. Like I said, you want to play in the park, you pay for it. "

ofc313 wrote on Sep 13, 2008 10:33 AM:

" GO TOM GO !!!!!!!! "

joshandlisa wrote on Sep 13, 2008 10:23 AM:

" blame all who voted for you great governor. You are right he is closing all the parks down state and to anyone who thinks he can't you better think again. "

miskaffon wrote on Sep 12, 2008 10:59 PM:

" No, to some people their Socialist giveaway programs are much more important than anything else (read; the gov. will take from these programs and line their pockets- that's how Socialism works, folks). Parks that benefit EVERYONE??? Nope, no importance whatsoever. "

candy wrote on Sep 12, 2008 10:47 PM:

" To Jud: Ha! Awesome! "

candy wrote on Sep 12, 2008 10:47 PM:

" To Dave: Again, there are other area's he could make this money. State parks are not on the top of the "unnecessary funding" list. I believe it's the small minded people that aren't big enough to sit down, work together, and come up with a reasonable budget. It's the small minded Chicago folk that think there is no life beyond the city limits of Chicago, and think that they can use the state of Illinois and it's people as pawns in their political arguments and games. Unfortunately it's also small minded people like you, Dave, who allow it to happen. "

dobug wrote on Sep 12, 2008 5:49 PM:

" More law suits!!!!! He can't take away our parks!!!!! "

jud wrote on Sep 12, 2008 5:07 PM:

" Country girl; I believe the park they were referring to is Eagle Rock, which is on his list. I highly doubt they would close Starved Rock since they just built that fancy motel there. Chicago people wouldn't have anyplace that nice to stay in when they go "camping". "

DaveII wrote on Sep 12, 2008 2:26 PM:

" Candy, you're so small minded. How far behind is the State on Medicade or school funding. If you want to play in the park, pay for it yourself! "

tatbtime wrote on Sep 12, 2008 1:37 PM:

" We downstaters need to stand up to our Chicagoan govenor. Did anyone else notice that the closings were all downstate, I saw nothing near or in Chicago. Dr. Tom, thanks for the help. "

candy wrote on Sep 12, 2008 1:06 PM:

" To: Not so Political - Also, you might want to proofread before you post. Your sentences are very choppy and most of them do not make sense. "

candy wrote on Sep 12, 2008 1:01 PM:

" To: Dave - What would your "more important needs" be? Free bus rides? Gas for Blago's plane? Money to upkeep a mansion he isn't living in? I've never heard a more ignorant comment. Get out from under your rock, please. "

candy wrote on Sep 12, 2008 12:55 PM:

" To: Not so Political - How long will you people ride the "George Ryan did this to us" line?? It's old! Blago has had MORE than enough time to correct things, and he's only made this state much, much worse. Did you know that the "Free rides for Seniors" is costing the state 30 million dollars? Did you know that gas for his plane to get to work is costing us approximately one million every year? Did you know that congress wrote in a 3.6% "cost of living" increase for themselves costing us millions, even though they make more than enough money? I think there are several other places he can find this money. I don't think downstate IL is willing to give up our natural resources and parks so Blago can waste money flying, or so seniors in Chicago don't have to pay the bus fare. "

gbfans66 wrote on Sep 12, 2008 11:07 AM:

" To Not so political, I have known Tom the majority of my life and this man truely cares about his community. Trust me, it's not about the money that he will lose because he can't rent the horses! And he does keep the horses on his own property for part of the winter already so you need to get over yourself and try caring about others. I truely love this park and wish I could do more to help but as it is I can only attend the rally and write the people we elect to serve us. Yes that's really why they are elected so let's hold them to it and make them SERVE US! Whatever Gov. Blow is ticked off about, he's sure hell bent on doing anything and everything to retalliate. Also, Tom is filing the lawsuit to save ALL the parks, not just Moraine View so if it were only for him he wouldn't try to save all 11 parks would he? Get involved to save it or save whatever you want saved, but do something FOR OTHERS instead of being self absorbed and assuming that everyone is like you. "

DaveII wrote on Sep 12, 2008 10:18 AM:

" Defending this hobby litigation is just another taxpayer expense. His needs are my wants. I say shut 'em all down and put the money toward more important needs. "

John Q. Public, esq. wrote on Sep 12, 2008 8:02 AM:

" Pliura's got the best attorneys in town! ; ) "

tiskilwa reader wrote on Sep 12, 2008 7:14 AM:

" There is no one that I would want in my corner more than Tom Pliura. If there is a way to keep the park open, this man will find it. We need more people like him to stand up for what is right and not be so concerned of what people will think. He loves the outdoors and this park has been a special place to him. I will personally watch him do his magic and find comfort in knowing that he will leave no stone unturned to achieve his goal to keep this park open. "

jj2 wrote on Sep 12, 2008 6:09 AM:

" As a kid I went out there before it was a state park. The area is beautiful. Years later I took my daughter there to feed the ducks. It'd be a sin to close the park and the others in Illnios.
If the governor isn't closing what Illinoisians loves, he's banning it.
WHY don't the good guy politicians throw his as s out. Oh, that's right, we don't have any, all we got is not-so-bad guys waiting in line to be bad guys.
You can keep McCain but we need a Sarah Palin. "

My Thoughts... wrote on Sep 12, 2008 5:38 AM:

" To: Not So Political- As I had stated earlier in the week- Tommy is a VERY caring as well as giving person! He does SO much for his community- such as no cost physicals....You obviously don't know Tommy- which I have known for many years- and it sounds like a "jealousy" thing with you! Tommy is educated and believes in not only his own, but others rights and has what it takes to stand up to Blago- who in my eyes- and alot of others I might add- is a joke!
To Tommy- WAY TO GO- KEEP UP THE GOOD WORK AND I HOPE YOU PROVE A POINT AND WIN THIS! "

country girl wrote on Sep 11, 2008 10:56 PM:

" Go Tom Go. I do have one question for the bloggers. I keep hearing about Starved Rock closing but I did not see it on the list. Could it be called another name like Dawson Lake is? I hope Tom gets a restraining order because it won't get to court until after the Nov 12 date when the Senate is sceduled to reconvene. Emil is retiring and his son might get to be Senator but he won't be the head of the Senate because he won't have the time in. I hope whoever it is will be a much better negotiator than Emil. "

ml wrote on Sep 11, 2008 8:00 PM:

" Yay!!!!! "

spainter wrote on Sep 11, 2008 7:58 PM:

" Best of luck Mr Pliura! We downstaters need to stick together! Illinois doesn't have alot to offer for outdoor recreation. We don't have mountains or beaches or 10,000 lakes but we do have beautiful state parks. Lets do all that we can to keep them open. "

athoughtfromme wrote on Sep 11, 2008 7:43 PM:

" Thank you so much Mr Pliura. We camp almost every weekend at Wildwood Campground which is right by Dawson Lake. When our boys were younger, they used to cut through the woods & go to Dawson Lake swimming! Now some of us campers take our grandkids to Dawson to swim! I support you 100%! I hope it all works out for us! "

Jarhead71 wrote on Sep 11, 2008 7:20 PM:

" I hope King Emil Jones is included in the suit. "

GrnEggsNham wrote on Sep 11, 2008 6:50 PM:

" You go Tom! And lets not forget about Starved Rock and Giant City State parks also ! "

sfuller3 wrote on Sep 11, 2008 4:53 PM:

" We love these parks, we need to fight to keep them "

lincolnlover wrote on Sep 11, 2008 4:29 PM:

" Not so Political - How many times do you need to hear this??? IT IS NOT ABOUT MONEY! If it were, they would be closing down everything! - Unemployment Offices, Secretary of state, etc. This is about Blagojevich and Madigan in a power/ego struggle. It is about playing politics with parks, historic sites and people's lives. PLEASE stop thinking the state is broke. There may not be much extra, but there is plenty for basics - like parks and historic sites. "

BigBrother wrote on Sep 11, 2008 4:27 PM:

" Not SoPolitical: The State of Illinois is not broke and we are not in dire financial straights. Blago is mad at Madigan because he will not give him a capitol construction fund so Blago can pay off his "pay to play" construction company campaign doners. The State Parks are a pawn Blago is using to force the House to pass this bill. Last year he stripped the funding authorization from the budget to fund his personal agenda. Madigan will not give him a balanced budget for that reason. The govenor is required by law to sign only a balanced budget. Blago is not interested in Illinois. His interest in in Chicago and Lake County. In his mind Springfield is a ficticious city where the Simpsons live. "

Lawndale Reader wrote on Sep 11, 2008 4:15 PM:

" I don't know, but I think that one of the recent posters must have a personal vendetta against Pliura. I don't care how much money this man has, if he has enough to file a lawsuit to benefit the rest of us that don't have it, more power to him. Again, WAY TO GO!! "

PC02grad wrote on Sep 11, 2008 4:02 PM:

" I am behind you 110%!!!! Blagojevich needs to know that we as central Illinois can stand up and fight. He doesn't know central Illinois. All he knows is Chicago. Why don't we take the money they are paying him to live in Chicago and use that money to better things? There is a perfectly good mansion down in Springfield that he doesn't even use!!!!! There's a huge chunk of money right there!!! "

Not so Political wrote on Sep 11, 2008 3:50 PM:

" Did this attention getter file lawsuit against the state before having to do with his surgery center on ft jesse? Pliura is ticked off because he will not beable to rent horse out at the like. He is going to have to build another horse barn on his own property to keep them in and will have to spend his own money feeding them. As for a quite place he lives behind Dawson lake and has a big quite chunk of property. yes i would like to see the parks all kept open but if the state can not afford to pay people to keep them up you have nothing else to do. if ryan had not broke the state we would not be in this spot. "

Lawndale Reader wrote on Sep 11, 2008 3:44 PM:

" Way to go!! I'm so glad that someone has the gumption to do this. Good luck!! "

v wrote on Sep 11, 2008 3:42 PM:

" YES!! Behind you 100%! Please know your community is behind you and there are thousands of people who would do almost anything to help keep them open. "

lobster wrote on Sep 11, 2008 3:41 PM:

" I grew up near kickapoo state park now I live in paxton and enjoy dawson lake it realy bothers me that blogo would want to do this. I also noticed that there is no parks near chicago on his hit list. We all hope we win the fight against him. "

bogus wrote on Sep 11, 2008 3:33 PM:

" Go Tommy. . . I'm glad someone with a brain between his shoulder blades is going after this guy. Blagojevich is wrong and has no legal standing when it comes to closing all these parks. I'm all for it Mr. Pliura, being a lawyer and a doctor I'm thankful you're willing to use your money for such an important issue. Thanks! "

Spanky wrote on Sep 11, 2008 3:23 PM:

" Good luck Dr.Tom! I wonder why no other lawyer in the whole state of Illinois has bothered to try this?? "

Alli wrote on Sep 11, 2008 3:20 PM:

" YES!!!!!! Go with all the right ammunition (knowledge), knowing that the people of Illinois are behind you 100%. Thank you Mr. Pliura! "

Truth wrote on Sep 11, 2008 2:42 PM:

" Good luck Pliura!!!! There are so many people standing with you on this! I've grown up in Bloomington and have always gone out to Dawson Lake for as long as I can remember! I can't imagine not being able to go out there! "
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