City Asks That Case Be Moved To Federal Court

Residents of Bensenville, IL ... a suburb of Chicago ... have filed another lawsuit against the city saying that the noise from aircraft using the recently-completed runway at Chicago O'Hare airport constitutes an illegal taking of their property.

They base that claim on the noise from aircraft that often fly just 500 feet over the roofs of their homes.

Because of that claim, the City of Chicago has asked that the suit be moved out of Cook County Court into federal court, according to the Cook County Record.

Attorneys for the city filed a notice in federal court in Chicago that they were removing the case from the county court because the the resident's complaints should be heard in federal court.

The complaint is nearly identical to their original suit filed in October 2015. The residents said that the city lied to them about the amount of noise from airplanes using the runway, which opened in October 2013. The city repeatedly told them that the $1.3 billion runway would not significantly impact their lives or property. "The City also repeatedly assured the Residents that the volume of air traffic would not be significant, and that it would not be disruptive," the complaints said.

But the residents claim in the complaint that hundreds of commercial aircraft use the runway on a daily basis. "Without exaggeration, it has wreaked havoc upon their daily lives and their prior enjoyment of their properties,” the complaint says.

The residents complain of a "vortex effect" from the aircraft which they say has stripped the leaves from the treetops, and vibrations from the passing airplanes which they claim has cracked walls, ceilings and driveways. The also say the noise has negatively impacted their health.

There are 85 plaintiffs listed on the suit, which is 12 more than had sued the city in 2015, according to the paper. It includes counts of "inverse condemnation" against the city, which they say is a violation of both the Illinois and U.S. constitutions.

FMI: www.ilnd.uscourts.gov