Judge dismisses lawsuit against planned Macon abortion clinic, zoning commission

A Bibb County judge has dismissed a lawsuit some small business owners filed against the zoning commission and a company planning to open a medical office offering abortions.

The Macon-Bibb County Planning & Zoning Commission approved an application May 14 that would allow Summit Center PC to use a building at 833 Walnut St. for a medical office. In addition to providing low-cost women’s gynecological health services, it would do “first trimester only abortion care and gynecological exams,” the application said. The parent company, Summit Medical Centers, has offices in Atlanta and Detroit.

While no one attended the zoning meeting to object to the office, a week after the approval, a protest of about 100 people organized by The Saint Maximilian Kolbe Center for Life was held outside the proposed center. A protest march was held in June.

But a Summit Center representative said since the closest facilities offering abortion care are in Atlanta and Savannah, Middle Georgia needs to provide that service. The U.S. Supreme Court legalized abortion in 1973 in its Roe v. Wade decision.

A request to review the zoning decision was filed in the Superior Court of Bibb County by Paul Lader, owner of Lader Insurance Group Inc.; Foshee Holdings LLC, owned by Harold Foshee III; Marion Seckinger, operator of Seckinger Agency; Krunal Patel, who owns an engineering business; and an unknown plaintiff, referred to as John Doe. The plaintiffs say the description of the medical office prior to the zoning meeting was inadequate in that it was not fully disclosed what procedures would be performed there. They wanted the court to decide if proper notice was given and if the hearing was held properly.

The business owners also claimed that traffic and congestion from protesters were affecting their customers and employees and that they “have some concern for the safety of their employees and customers,” the court filing said.

At a hearing in September, lawyers for the zoning office and Summit said the filings were not made and sanctioned by a judge within the 30 days required. The 30th day from the zoning commission’s approval was June 13.

Bibb County Superior Court Chief Judge Edgar W. Ennis Jr. said in his Oct. 18 order dismissing the case that the filing was made with the clerk on June 13, and while Judge Howard Z. Simms signed the document on June 13, it was not presented to the clerk for filing with his sanction until June 14 — one day past the deadline. The law states that the petition “must then present the petition along with the ‘sanction’ to the clerk for filing, on or before the expiration of the 30-day deadline,” the order said.

And since the “last-minute filing” was not accompanied by a sanction and any additional filing would not be timely, “this court finds itself without jurisdiction to consider the merits of the petition,” Ennis said in dismissing the case.

The plaintiffs have until Nov. 19 to file an application requesting an appeal of Ennis’ decision to the court of appeals, said Jim Thomas, executive director of the zoning commission.

Late Monday, one of the plaintiffs’ attorneys, Emily Matson with Matson & Matson of Rome, said she had just received a copy of the judge’s order and had not had time to review or discuss it with her clients.

“I know this for sure, all the property owners will continue to stay on the position that they want the P&Z to review their decision, whether it’s forced to do that by Superior Court or just on their own,” she said.