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Judge Hears Abortion Doctor's Zoning Dispute, 1/6/1996

By Editorial Staff
Published January 6, 1996

More Time Has Been Given To Lawyers To Back Up Their Arguments In The Orlando Case That Has Gone To Federal Court

By Dan Tracy of The Sentinel Staff

Three weeks could pass before a federal judge decides whether to force Orlando into allowing a doctor to open a practice where abortions would be performed.

U.S. District Judge Patricia Fawsett postponed deciding Friday, giving attorneys for Dr. James Pendergraft and the city up to 20 days to provide her with more documents to back up their arguments.

“I don’t have a complete record to support either side,” Fawsett said at the conclusion of a 2 1/2 -hour hearing.

Once additional information is in, Fawsett said, she might schedule another hearing, but she did not set a date or indicate when she would rule.

Pendergraft, a 38-year-old gynecologist and obstetrician from Maryland, contends the city violated his constitutional right to due process by refusing to give him an occupational license.

His attorney, Jacob Rose of West Palm Beach, charged Friday that Orlando has treated his client in a “willy-nilly” fashion, once approving his request, then rejecting it.

The physician wants Fawsett to order the city to permit his business. He also is seeking money from Orlando, claiming he is losing more than $35,000 a week in income and expenses.

Last October, Pendergraft bought a colonial-style brick building at 1103 Lucerne Terrace for $250,000, according to Orange County property records.

Shortly after his purchase, Orlando approved, then revoked, a zoning request that would allow Pendergraft to open his business among a cluster of medical offices and residences.

Pendergraft, who had intended to open Dec. 1, won the temporary acceptance by changing the way he described his enterprise from a “clinic” to an “office.” That allowed him to meet city zoning requirements.

Clinics, by city definition, offer procedures where patients might require several hours of recovery, as opposed to offices, where clients leave within 60 minutes.

Jeffrey Slater, an Orlando attorney representing the city, said Pendergraft was “sort of sneaky” in his dealings by switching the manner in which he referred to his practice from a clinic to an office.


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The United States of America 2.0: The Great Reset (Book)

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In 1776, a short time after the Declaration of Independence was adopted, Thomas Jefferson, John Adams and Benjamin Franklin were assigned to design an official seal for the United States of America. Their proposed motto was Rebellion to Tyrants is Obedience to God. America owes its existence to centuries of Christian political philosophy. Our nation provided a model for liberty copied by nations the world over.

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Foundations in Biblical Eschatology

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All Christians believe that their great God and Savior, Jesus Christ, will one day return. Although we cannot know the exact time of His return, what exactly did Jesus mean when he spoke of the signs of His coming (Mat. 24)? How are we to interpret the prophecies in Isaiah regarding the time when “the earth will be full of the knowledge of the LORD as the waters cover the sea” (Isa. 11:19)? Should we expect a time of great tribulation and apostasy or revival and reformation before the Lord returns? Is the devil bound now, and are the saints reigning with Christ? Did you know that there are four hermeneutical approaches to the book of Daniel and Revelation?

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The Silent Scream (DVD) Eight Languages

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The modern technology of real-time ultrasound now reveals the actual responses of a 12-week old fetus to being aborted. As the unborn child attempts to escape the abortionist’s suction curette, her motions can be seen to become desperately agitated and her heart rate doubles. Her mouth opens – as if to scream – but no sound can come out. Her scream doesn’t have to remain silent, however … not if you will become her voice. This newly re-mastered version features eight language tracks and two bonus videos.

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Schaeffer lists two reasons for evangelical indifference: a false concept of spirituality and fear. He calls on believers to stand against the tyranny and moral chaos that come when humanism reigns-and warns that believers may, at some point, be forced to make the hard choice between obeying God or Caesar. A Christian Manifesto is a thought-provoking and bracing Christian analysis of American culture and the obligation Christians have to engage the culture with the claims of Christ.

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Driving down a country road sometime, you might see a church with a sign proudly proclaiming: “No book but the Bible — No creed but Christ.” The problem with this statement is that the word creed (from the Latin: credo) simply means “belief.” All Christians have beliefs, regardless of whether they are written.

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