LEROY — The same LeRoy attorney who has been fighting a pipeline company’s effort to obtain eminent domain status now is

taking on

Gov. Blagojevich.

Dr. Thomas Pliura, a doctor and attorney, owns a horse rental operation at Morraine View State Park near Leroy, one of the 11 parks, including Weldon Springs, to be closed Nov. 1, unless Illinois Department of Natural Resources budget is restored. Thirteen historic sites, In addition to leaving some 70 people put out of work, but also numerous vendors like Pliura and Boondocks 11 at Weldon Springs, that will be out of business.

Pliura filed a complaint and an emergency motion for temporary restraining order and preliminary injunction in McLean County on Friday.

Pliura filed the suit on behalf of his own business, Outlaw Outfitters, and three minors to represent all who would not be able to use a state park. He is fighting to keep all 11 state parks open. The suit does not, however, cover the historic sites, because the State Parks Act does not apply to historic sites that are not parks, though he said he’s working on another strategy for the them.

“We hope to get a hearing regarding our request for a temporary restraining order sometime this week,” Pliura wrote in an email. But late Monday, he said a hearing on the restraining order against the IDNR is scheduled for 1:30 p.m. Oct. 10.

The parks and historic sites were ordered closed in order issued by the governor, though Pliura notes it wasn’t an executive order.

“Apparently there was just a pow-wow wherein a list was provided to the IDNR by the governor’s office,” he said.

“We have filed a freedom of information act request (FOIA) attempting to get the info from the IDNR. They have requested additional time to provide us with the same. We are appealing that denial, and when allowed to do so, we will seek to have the court force them to give us the information.”

Pliura said he is challenging the authority of the IDNR to close the state parks, even in the face of the executive order. ”The governor can issue any type of order he might wish, but that doesn’t mean it is legal. Just because he tells the IDNR to close the parks, that doesn’t mean it is legal to do so. “

“We take the position that the lawmakers enacted the State Parks Act, which was signed into law long ago. The State Parks Act requires that the state parks must be ‘open to and to be for the benefit and enjoyment of all the people of this state.’ “

“We argue that state law requires that they be kept open and only our lawmakers could draft legislation authorizing their closure.,” he said.

Pliura, in the complaint, also notes that there are three endangered and three threatened species known to Illinois, and a study of the impact of the closings to determine the environmental impact have not been conducted as required by law.

Pliura has been fighting a battle on behalf of DeWitt and McLean County residents against Enbridge, a Canadian oil company, seeking eminent domain powers from the Illinois Commerce Commission to obtain land in eastern DeWitt County for an oil pipeline. A decision is pending from the ICC on that case.