THE JOURNAL & TOPICS NEWSPAPERS | THURSDAY, MAY 15, 2008

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U.S. Won't Hear Cemetery Case

The United States Supreme Court declined to hear a case brought by opponents of the O'Hare Airport Modernization Plan (OMP) to save a cemetery in unincorporated Bensenville.

The case was an appeal to stop the relocation of the cemetery under the Illinois Religious Freedom Restoration Act (RFRA) brought to the high court after the federal 7th Circuit Court of Appeals refused to re-hear the case in late 2007.

O'Hare expansion organizers are ready to take the next steps.

"We are extremely pleased with today's Supreme Court decision," said OMP Executive Director Rosemary Andolino. "With the Court of Appeals ruling final, we will continue to move forward with the acquisition of the cemetery and will be contacting the next of kin in order to begin the relocation process."

Elk Grove Village Mayor Craig Johnson, a long opponent of the OMP, said yet another two cases challenging the OMP are winding their way through the courts.

OMP spokesman Roderick Drew admitted that while they are contacting the next of kin to encourage them to move, another challenge of eminent domain in DuPage County courts is preventing them from taking title to the cemetery.

Johnson said federal RFRA is the "lynchpin" to the defense of the cemetery.

Johnson said that there is no way the OMP's $1.3 billion price tag can be funded without the use of federal money.

He said that if the OMP uses that money it would violate the federal FRFA.

Johnson was not surprised that the U.S. Supreme Court refused to take the case.

"It's no big deal, this is not the case we were pinning our hopes on," said Johnson. "This tried to apply state law to federal guidelines."

He said the high court took one of 400 cases petitioning to be heard.