BLOOMINGTON - The state Department of Natural Resources may lack the power to close state parks to the public, a McLean County judge has ruled in a lawsuit challenging the closure of Moraine View State Park near LeRoy.

"The court finds nothing in plaintiff's allegations that would show a manifestation of legislative intent to permit the agency to totally close the parks," Judge Michael Prall said in his denial of a state motion to dismiss the lawsuit filed by Thomas Pliura.

The ruling released Monday does not mean seven parks and several historic sites closed Dec. 1 by the state DNR under an order from Gov. Rod Blagojevich will be reopened at this point. But if Prall rules favorably after hearing arguments on Pliura's request for a temporary restraining order, the state's closures could be reversed, Pliura said.

In addition to Moraine View, Weldon Springs State Park near Clinton also was closed.

Pliura, an attorney and owner of a horseback-riding business at the LeRoy park, filed the legal action in September on behalf of his company and owners of a concession at the state park.

"The lawsuit challenges the actions of the governor and the DNR to close the parks. The state does not have the authority to put locks on the gates," he said.

Clinton Mayor Ed Wollet applauded the decision to move the lawsuit forward.

"It's another indication that bodes well for a possible reopening of Weldon Springs," said Wollet.

No date has been set for a hearing on the restraining order. A Jan. 29 hearing is scheduled to review status of the case.

The hearings that will occur more than a month after the parks were closed to visitors do not make the legal challenge moot, said Pliura.

"It is important that any future governor must understand the people of Illinois do not elect a king," said Pliura.

A spokesman for the state attorney general's office had not seen a copy of the judge's order Monday afternoon and could not comment.