Twenty-one months after it was first filed, a DuPage County judge dismissed a lawsuit against Planned Parenthood and the city of Aurora on Friday.

Judge Neal Cerne did, however, give the abortion protesters who filed the suit the opportunity to plead their case again, and soon.

The complaint, filed in February by Fox Valley Families Against Planned Parenthood and several local protesters, alleges several violations of city zoning and building codes during the approval of Planned Parenthood's clinic at 3051 E. New York St.

The complaint alleges that Planned Parenthood came to the city under a subsidiary name, Gemini Office Development, in order to get around a law requiring a special-use permit for non-profit medical facilities. City officials have repeatedly said a special-use permit was not needed in this case.

Protesters are seeking the demolition of the building, which is the only way, they say, to remedy the violations.

Cerne ruled Friday on two motions to dismiss, one filed by Planned Parenthood and the other by the city. He dismissed all five counts of the complaint, a move city attorney Alayne Weingartz said means protesters did not "plead sufficient facts to have a legal basis for the case."

City spokesman Dan Ferrelli said, "The city is pleased Judge Cerne recognizes the inadequacies of the plaintiff's current claims against the city of Aurora and the individual city of Aurora defendants."

Planned Parenthood of Illinois President and CEO Steve Trombley said Planned Parenthood is "very pleased with Judge Cerne's decision to dismiss the lawsuit against the city regarding our health care facility in Aurora. As the judge clearly stated, our opposition's case was vague and without substantiated fact."

But Peter Breen, of the Thomas More Society, said the ruling was more about the format of the complaint than the merits of the case. He said he welcomes the chance to strengthen his clients' argument and expects to refile the suit by Dec. 4.

All parties will appear before the judge again on Jan. 5.

After Friday's hearing, protesters and city officials also met to settle a federal suit filed in 2007 against the city, one which alleges violations of the protesters' First Amendment rights. Breen and Weingartz both said the two sides have come to an agreement and plan to present it in federal court on Monday. The city council would then need to approve the agreement.

"I think we've come to a compromise that is respectful of both sides' rights and duties," Breen said.