BLOOMINGTON - A decision on a temporary restraining order to block closure of 11 state parks has been delayed until at least Oct. 28 when arguments will be heard on the proposed Nov. 30 shutdown. | DNR letter to park vendors (PDF) | Blagojevich hands off tricky spending question

Dr. Thomas Pliura of LeRoy filed a lawsuit last month challenging the state Department of Natural Resource's authority to close 11 state parks because of budget constraints. Pliura owns the horse-riding concession at Moraine View State Park near LeRoy, one of the facilities slated for closure.

On Friday, Pliura asked McLean County Judge Scott Drazewski to issue a restraining order that could be reviewed at the Oct. 28 hearing.

The governor's plan has left park vendors at the mercy of lawmakers, said Pliura.

"There are many parties not scheduling things at these parks because there's going to be a planned closure," said Pliura.

Assistant Attorney General Thomas Klein asked for a delay until the state can answer Pliura's lawsuit. He said the governor's decision to delay closing from the original target date of Nov. 1 removed the need to hurry a decision.

"There's no emergency. Nothing is scheduled to happen until Nov. 30," said Klein.

After the hearing, Pliura said he is hopeful that Gov. Rod Blagojevich will sign a funding measure that will allow parks to remain open.

Blagojevich won General Assembly approval to sweep money to restore the cuts to IDNR from funds that were earmarked for other purposes. Though the bill arrived on his desk earlier this week, he has not taken action.

Pliura said he intends to move forward with a second legal action to obtain communications between the governor and the state natural resources department.

Scott Richardson contributed to this report.