Judge grants 30-day stay on O'Hare demolition

A DuPage County judge gave Bensenville a temporary reprieve Monday in its battle to halt Chicago from bulldozing 600 properties for O'Hare expansion on the village's east side.

Circuit Judge Kenneth Popejoy granted a 30-day stay of any on-site activity. That would give Bensenville time to appeal his earlier ruling that allowed for the razing of the properties the city purchased for a new southern runway.

Bensenville plans to ask the Second District Appellate Court in Elgin to intervene.

"It's not a question of feeling gratified," Bensenville attorney Joseph Karaganis said after the judge granted the stay. "We're under the gun."

Last summer, Popejoy issued an injunction that barred any demolition until Chicago studied the potential release of harmful chemicals and materials.

The judge agreed last week to lift the injunction, saying his public safety concerns were satisfied since, in part, the appropriate environmental agencies were involved in oversight.

Within the next several weeks, Chicago officials had planned to begin pre-demolition work such as erecting security fencing, relocating utilities and cleaning out vacated homes.

The judge ruled Monday none of that work may begin for 30 days. Attorneys for Chicago objected to the stay.

Popejoy acknowledged it was an emotional issue, but noted it was his job as a judge to rule without passion based solely on the law. He said Bensenville officials should be allowed time to appeal.

"I am aware of the opinions that I have put the interests of the city of Chicago over the residents of Bensenville," Popejoy said, adding that he is a lifelong DuPage County resident himself. "But, I am not the type of judge who rules on subjectivity or relationships. I'm not an activist judge who bases his rulings on emotion or personal feelings."

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 and will reduce flight delays and create 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.

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 as the airline industry is opposed to footing the bill.

<div class="infoBox"> <h1>More Coverage</h1> <div class="infoBoxContent"> <div class="infoArea"> <h2>Stories</h2> <ul class="links"> <li><a href="/story/?id=226233">Judge OKs demolition in Bensenville O'Hare case <span class="date">[08/07/08]</span></a></li> <li><a href="/story/?id=226237">Bensenville's O'Hare statement<span class="date"> [08/07/08]</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>