Appeals court gives Chicago OK to take cemetery

Chicago landed a significant legal victory in its plan to expand O'Hare International Airport with an Illinois Appellate Court ruling allowing the city to take possession of St. Johannes Cemetery.

The historical graveyard is at the center of both a runway under construction and a legal dispute between the city and relatives of people buried there.

The 2nd District appellate court's decision Friday means Chicago can continue with relocating graves, although it's possible families and St. John's United Church of Christ in Bensenville, the landowners, will appeal the decision.

"We have legal options that we can pursue. Right now, we're just digesting the news," said the Rev. Michael Kirchoff, who has relatives buried at St. Johannes and is a cemetery committee member.

Meanwhile, city officials hailed the ruling as an important step in the modernization of O'Hare. The expansion plan involves building or extending six runways to create a parallel layout that will simplify landings and decrease wait times.

"We realize this is a very sensitive matter and we are committed to working closely with the families as well as officials from St. John's United Church of Christ to continue the relocation process," Chicago Aviation Commissioner Rosemarie S. Andolino said in a statement.

In February, a DuPage County court judge gave Chicago title to and possession of St. Johannes after years of battles over condemnation. The cost of the land was set at $630,000. Among the arguments cemetery attorneys made was that acquiring St. Johannes wasn't necessary for the runway project and that alternate locations could be found.

"This argument misses the point," Justice Robert McLaren wrote in the opinion. "Judicial interference in the actual plan to be implemented would lead to interminable delays, as there is always a different way to configure the use of land, especially a plan as massive as the expansion of an airport."