Lawsuit Raises Constitutional, Regulatory Issues

Just when it looked like Chicago's Mayor Daley (right) could make another quick move, two suburbs and two churches have entered a lawsuit against the immediate expansion of O'Hare airport.

The lawsuit was filed Friday; on the weekend, the Illinois General Assembly approved a quickie acquisition plan that Chicago wanted, which would have cleared the way for the Mayor's planned land grab. That new legislation, perhaps anticipated by the plaintiffs, would have allowed Chicago to spend part of the over $6 billion the airport expansion will cost, to acquire land -- without additional state approvals.

The suburbs don't want additional noise, they say, even though the plan would eliminate a lot of noisy delays and simplify some approaches. The suburbs don't want additional pollution, they say, even though quicker dispatch and capture of flights would cut pollution, other things being equal -- and relatively reduce pollution, as volume builds.

The two church-plaintiffs contend the eminent domain land acquisition would infringe on their First Amendment rights ("...or prohibiting the exercise thereof," something that would be sure to happen, if the churches were razed).

The FAA hasn't OK'd the project yet; and the bill hasn't been signed into law. The hearing is set for July 21, in US District Court, in Daley's city.

The sudden weekend action was apparently the state legislature's reaction to Daley's attempt to do an end run around the State, by getting the O'Hare expansion written into federal law.

The plan includes a new runway, expansion of some existing facilities, access to O'Hare from the western side, and possibly a new terminal. It is supported by the airlines, construction companies, and the City; it is opposed primarily by neighboring suburbs.

FMI: www.ohare.com