West Suburban Bureau

CBS 2's Kristyn Hartman and Derrick Blakley contributed to this report.
AURORA, Ill. (CBS) ― A federal judge in Chicago ruled that a Planned Parenthood clinic in the suburbs has to stay closed, indefinitely.

As CBS 2's Derrick Blakley reports, Planned Parenthood's newly built Aurora clinic will not open Friday, as backers hoped. The organization was originally supposed to open a $7 million clinic on Aurora's East New York Street on Tuesday.

The indefinite delay is the result of a federal court ruling praised by abortion rights opponents.

"This is an unprecedented victory," said Eric Scheidler communications director for the Pro-Life Action League.

But Planned Parenthood downplayed the setback.

"We intend to amend our complaint," said Planned Parenthood President and chief executive officer Steve Trombley. "As the judge himself said, this case is far from over."

At issue is which takes precedent: local building laws or the Constitution. Opponents say Planned Parenthood deliberately misled city officials about the intended use of their building, in order to stifle protest. Among its family planning and reproductive health services, Planned Parenthood physicians perform abortions.

"The people of Aurora were deprived of our freedom of choice, the freedom to know what kind of businesses were coming to town, the freedom to discuss these matters openly," Scheidler said.

But supporters insist the use of the building is legal, and protected by the Constitution.

"Women have the right to abortion and we will fight to have this clinic open," said Martha Conrad of activist group World Can't Wait.

Federal Judge Charles Norgle declined to order Aurora to allow the building to open, saying Planned Parenthood hasn't shown its being treated differently in zoning than other businesses.

Aurora city officials wanted time for an independent review of Planned Parenthood's application. That followed criticism that Planned Parenthood was not forthcoming, and possibly even fraudulent, in its application and in public testimony, about the fact that it would be occupying the building.

Those charges came largely from anti-abortion activists, who have protested the clinic for more than five weeks.

Trombley said the organization was upfront from the beginning.

"Planned Parenthood was completely upfront with Aurora officials on everything and answered every question asked to us by the city in a truthful and a factual manner," he said earlier this week.

Aurora is investigating whether the agency used illegal deception in dealing with the city.

"The mayor and members of the city council of Aurora feel they have a responsibility to the citizens of Aurora to investigate those allegations," said City of Aurora attorney Lance Malina.

Aurora's investigation is being handled by the Kane County State's Attorney. City officials expect the results by next Friday.

Meantime, lawyers for Planned Parenthood say they can prove they're being treated differently from other businesses and will go back to court to do just that.

Anti-abortion activists say regardless of whether the clinic eventually opens, the fight will continue.

"We will be out on the sidewalk offering women the choice for life; offering all the help that we can to them so they don't have to make the desperate and painful decision of aborting their unborn children," Scheidler said. "We'll fight Planned Parenthood in the schools, in our churches, in our neighborhoods, right out on the sidewalk outside their building where we've been for more than 40 days. And we'll continue our fight against Planned Parenthood, until ultimately Planned Parenthood will close its doors and leave Aurora, Illinois, once and for all."

(CBS 2, the Naperville Sun and the Aurora Beacon-News are news partners covering stories in the western suburbs of Chicago.)