Judge OKs demolition in Bensenville O'Hare case

For 25 years, Bill and Roberta Baird called their modest neighborhood on Bensenville's east side home.

It's where they raised a daughter, welcomed retirement and hoped to enjoy their golden years together.

Instead, the couple faces an uncertain future after a DuPage County judge gave Chicago permission Thursday to raze hundreds of homes and commercial properties it purchased as part of its massive O'Hare International Airport expansion plans.

Circuit Judge Kenneth Popejoy lifted his July, 25, 2007, preliminary injunction that had barred demolition for a new southern runway until Chicago studied the potential release of harmful chemicals and materials.

Most of the Bairds' neighbors long ago sold their homes, but the couple is among 13 families who resisted. Thursday's ruling could sound the death knell in their fight.

"We figured we'd stay here forever," Bill Baird said. "Now, we don't know. It's just one of those things where you hope for the best but we'll have to wait and see."

Within the next several weeks, Chicago officials plan to begin predomolition work such as erecting security fencing, locating utilities and cleaning out vacated homes. No further village permits are required for work to begin, city officials said.

"This court order is our permit," said Jenny Hoyle, a Chicago spokeswoman.

But Bensenville leaders, long outspoken critics of airport expansion, said the fight is far from over.

Early next week, village attorney Joseph Karaganis said he will return to court to beseech Popejoy to stay a demolition while he appeals to a higher court. Meanwhile, the village plans to have extra police patrols out to ensure the village's ordinances are followed.

Chicago owns 554 of the 605 homes, commercial and industrial properties in question. Nearly all of the properties are vacant in the 300-acre area east of York Road, along Irving Park Road, which equals about 15 percent of the village.

Chicago officials argue the massive $15 billion O'Hare Modernization Program is crucial to the airport economy to reduce flight delays and create up to 195,000 new jobs. The project, aimed at completion in 2014, two years before Chicago hopes to host Summer Olympic Games, includes three new runways and other airport improvements.

"As we have stated all along, Chicago is fully committed to building the entire (program)," said Rosemarie Andolino, executive director of the O'Hare Modernization Program. "(Popejoy's) decision moves us one step closer to realizing that goal."

But critics such as Bensenville Village President John Geils argue the shrinking of the airline industry amid soaring fuel costs, flight cuts and passenger fare hikes all run contrary to the expansion plan. Geils also doubts the city can pay for it since the airline industry has voiced a resounding "no" to paying the bill.

Calling it a "runway to nowhere," Geils urged Chicago Mayor Richard M. Daley to hold off on any demolition until he can prove the city has the money to complete the two-phase expansion project.

"Chicago has failed to show how they plan to pay for this misguided billion-dollar boondoggle," Geils said. "If Chicago cannot prove there is an adequate funding mechanism, bulldozing our town will be a wasteful, unnecessary and cruel burden on the people of Bensenville."

Judge Popejoy held a four-day court hearing last month in which experts gave conflicting opinions on the possible environmental impact of such a large-scale demolition.

Bensenville argued the tests showed the presence of dozens of toxic, cancer-causing chemicals and other toxins that in demolition will blow onto homes, schools, businesses and other nearby properties.

But Chicago officials said their experts devoted more than 10,000 hours inspecting the structures and sampling underground soil as part of the study to identify potential safety concerns.

Its demolition practices regarding safety controls go beyond the standards required in environmental laws, city officials said, which was noted in the judge's ruling.

He said any further oversight would be done without proper authority.

"I am now satisfied by the fact that the environmental protection agencies and other agencies can continue to oversee this project should there be violations of regulations, codes or the like," Popejoy said in his 22-page written ruling. "Further delay creates inordinate safety issues pertaining to the existence of vacant, unoccupied structures."

Daily Herald Staff Writer Joseph Ryan contributed to this report.

<div class="infoBox"> <h1>More Coverage</h1> <div class="infoBoxContent"> <div class="infoArea"> <h2>Stories</h2> <ul class="links"> <li><a href="/story/?id=226237">Bensenville's O'Hare statement<span class="date"> [08/07/08]</span></a></li> <li><a href="/story/?id=223019">Judge delays ruling on O'Hare expansion demolitions <span class="date">[07/23/08]</span></a></li> <li><a href="/story/?id=216088">Another round in airport expansion fight <span class="date">[07/08/08]</span></a></li> </ul> <h2>Related documents</h2> <ul class="morePdf"> <li><a href="/pdf/demorelease.doc">City of Chicago statement </a></li> </ul> <h2>Video</h2> <ul class="video"> <li><a href="/multimedia/?category=9&type=video&item=163">O'Hare's ghost town </a></li> </ul> </div> </div> </div>