Floyd Robert Gibson

“ The protection of the interests of the individual property owners rests primarily in the hands of a few individual council members, most of whom are threatened with personal liability for their discrete actions in voting favorably on the challenged ordinance. The record shows that the defendants have presented little evidence to show how the operation of an abortion clinic would affect applicants' important property interests. ”

“ A portion of this income would be used to discharge the debt incurred by Planned Parenthood in the purchase of the Ford Parkway facility.
Before Planned Parenthood could implement its decision to transfer its operations, the St. Paul City Council enacted the moratorium ordinance which forestalled the creation of the abortion clinic and deprived Planned Parenthood of the abortion business and its corresponding income. The adverse effect on Planned Parenthood's business, coupled with the incalculable loss [p867] of revenue, provides a basis for finding irreparable injury. ”

“ A party is not entitled needlessly to accumulate exorbitant legal fees with the expectation that the losing party will be called upon to pick up the entire tab. This court will exercise vigilance and pare down needless and unconscionably high legal fees. An award of attorney's fees is compensatory, not punitive, and we will not allow a threat of paying the opposing party's unreasonable legal fees to chill the assertion or defense of seemingly meritorious civil rights claims. ”

“ In order to prevent what they view as an incipient erosion of their property values, the applicants must participate in this litigation, and be given the opportunity to present their views to the court in their endeavor to uphold the ordinance as a legitimate and constitutional exercise of municipal power. See Atlantis Development Corp. v. United States, 379 F.2d 818, 828-29 (5th Cir. 1967) .
Finally, in order to intervene under Rule 24 (a) (2) , the applicants must carry the "minimal" burden of showing that their interests are not adequately protected by the existing parties. ”

“ The professed purpose of the association is to preserve property values and insure that abortion facilities do not affect the health, welfare and safety of citizens. The application for intervention was joined by two couples, Donald and Mary Ann Lennon and Norman and Kathleen Vernig, who own property in the vicinity of the proposed Ford Parkway abortion facility. The Lennons and Vernigs wish to intervene to assure that their property values are not adversely affected by the creation of an abortion clinic in their neighborhood. ”

“ Defendants argue that they can require first trimester abortion clinics to maintain adequate hospital backup for emergency purposes. However, a comparable feature did not save the Indiana statute from being invalidated in Sendak v. Arnold, supra. Furthermore, defendants have not imposed a similar requirement on other Ford Parkway medical facilities which, according to the District Court, perform medical procedures entailing a risk of serious complications. Imposing more restrictive requirements on abortion clinics than on other clinics is impermissible. ”

“ The applicants were also denied permissive intervention under Fed. R. Civ. P. 24 (b) . In regard to the request for a preliminary injunction, the trial judge stated that Planned Parenthood demonstrated a likelihood that it would prevail on the merits of its claims against defendants. The court found that Planned Parenthood would in all probability establish that the ordinance impinged upon the constitutional rights of women to obtain first trimester abortions and was unsupported by compelling governmental interests. ”

“ The municipal defendants had enough to do to defend themselves against the charges leveled against them by the plaintiffs. They do not have the same interest in protecting the values of the homeowners' properties as do the homeowners themselves.
In the present case, the City Council is divided on the issue of whether the moratorium ordinance is proper or advisable. The ordinance was passed by a 5 to 2 vote; thus, a switch of two votes could completely change the attitude of the City Council and the municipality in regard to the issues presented in this litigation. ”

“ The preliminary injunction against the enforcement of the ordinance has no present effect since there is nothing against which it can operate. Planned Parenthood has received a building permit to construct its abortion clinic on Ford Parkway and is in the process of renovating its building for that purpose. ”

“ I Planned Parenthood's Ford Parkway medical clinic, which will offer first trimester abortion services, is situated in an area zoned B-3. This zoning classification permits the construction and operation of medical offices, clinics and laboratories. The record indicates that there are doctor's offices and medical clinics within a few blocks of Planned Parenthood's Ford Parkway medical clinic. No one seriously disputes [p864] that Planned Parenthood's medical clinic is the type of facility that can be maintained in an area zoned B-3. ”

“ Society of Sisters, 268 U.S. 510, 535, 69 L. Ed. 1070, 45 S.C.t. 571 (1925) ; Friendship Medical Center, Ltd. v. Chicago Board of Health, 505 F.2d 1141, 1145-48 (7th Cir. 1974) , cert. denied, 420 U.S. 997, 43 L. Ed. 2d 680, 95 S.C.t. 1438 (1975) .↑ In Hedberg, a case which is dispositive of the mootness issue, a group of insurers filed an action against one of their terminated insurance agents contending that he had breached a restrictive covenant embodied in the agency contract. The restrictive covenant was effective for one year after the agent's termination. ”