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Planned N.J. Abortion Clinic Files Lawsuit Against Development Company for Blocking Occupancy of Building From keisernetwork.org Daily Report from the Web, April 9, 2004 Middlesex County, N.J.-based New Brunswick Women's Center, a planned "full-service" gynecological clinic that would perform abortions, has filed a lawsuit against Matrix Development Corp., for breach of contract, claiming that the development company -- with which the clinic signed a 10-year lease -- is blocking the clinic from taking occupancy of the building, the Newark Star-Ledger reports. Matrix has "stalled" renovations of the building and has tried to restrict the number of abortions that would be performed in the clinic, according to Philip Chronakis, the center's attorney. However, Matrix has said that by offering to provide abortions, the clinic will "disturb other tenants" and the building will be "less desirable" for other potential tenants, according to the Star-Ledger The development company has filed a countersuit against the center, saying that the center's description of a "full-service gynecological center" was "misleading" and breached the contract, the Star-Ledger reports. Melissa Klipp, an attorney for Matrix, said in court documents that the building "will be besieged with protesters, disrupting the quiet enjoyment of the premises by other tenants." She added that the other building tenants also could "be at risk for violence," according to the Star-Ledger. Matrix wrote a letter to Women's Center Executive Director Elizabeth Barnes requesting that abortions be performed at the clinic "only on an incidental and low-frequency basis," according to the Star-Ledger. Barnes said that the center is a "comprehensive women's health care facility" that plans to offer abortions as one of many services, the Star-Ledger reports. ACLU Motion The American Civil Liberties Union has filed a motion to be heard on the legal definition of gynecological services, according to the Star-Ledger. "This is an issue of interference with abortion rights, not only the rights of providers but the rights of individuals who seek gynecological services," Edward Barocas, legal director of ACLU NJ, said, adding that the term gynecological services "is an umbrella that abortion falls under, medically and legally." Klipp said that the case is a "contract dispute, a private matter between two parties" and the ACLU's action is "not appropriate because there is no public issue in dispute." The center in March was denied a request for a restraining order to prevent Matrix from stalling the renovations and a trial date was set for early 2005, the Star-Ledger reports (Carroll, Newark Star-Ledger, 4/4).
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