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.