THE JOURNAL & TOPICS NEWSPAPERS | WEDNESDAY, MARCH 26, 2008
Case Against O'Hare Expansion Dismissed, Another In Waiting
By TOM ROBB
Journal Reporter
A Washington, D.C. court dismissed a case brought by opponents of the O'Hare Airport Modernization Project (OMP), challenging a $29.3 million grant from the FAA (Federal Aviation Administration) last week.
Elk Grove Village Mayor Craig Johnson, a long time critic of the airport expansion plan, said the loss was expected and held a silver lining for the OMP's critics.
The case is one of two based on the claim by St. John's United Church of Christ in Bensenville that the destruction of their St. Johannes Cemetery, using federal funds, would be in violation of the Religious Freedom Restoration Act.
The other case challenges $1.3 billion in funding for the project through the Passenger Facility Fund.
Both St. John's and the City of Chicago sought to combine the cases. The court ruled against joining the cases.
Johnson said that gives the church another chance to beat the expansion plan in court.
He said Chicago could raise $29 million on its own but could not raise $1.3 billion.
"That's nothing," said Johnson. "Chicago could write a check for $29 million themselves, they can't for $1.3 billion."
Johnson said there was precedent on the side of the OMP critics in a 2006 case that ruled against the FAA and the OMP.
That case was challenging a $250 million grant. Like the $1.3 billion Johnson said, Chicago could not easily raise the money.
In a written statement, OMP planners praised the court's decision.
"We are extremely pleased with today's decision as we continue to implement this project of national significance," said OMP Executive Director Rosemary Andolino. "In fact we are commissioning two runway projects and a new air traffic control tower on Nov. 20, 2008."
Johnson said court briefs would be filed on the $1.3 billion case on Friday, Mar. 28 with the Washington, D.C. Court.
OMP spokesman Roderick Drew declined to comment on the $1.3 billion case saying it is still pending.