Judge rules in favor of Chicago in fight over cemetery by O'Hare

The city of Chicago is claiming a legal victory in its efforts to acquire a cemetery at O'Hare International Airport in the middle of a runway under construction.

But the attorney representing families with loved ones buried at St. Johannes Cemetery and its owners called the ruling by DuPage Judge Hollis Webster no surprise and hoped for vindication in appeals court.

Chicago plans to build six parallel runways and a western terminal at O'Hare.

In a written decision released Friday, the judge ruled in favor of Chicago. She denied arguments that the St. Johannes Cemetery property wasn't crucial to airport expansion because it was dependent on gates and terminals that never will be built.

"Under Illinois law, condemning authorities have substantial discretion to take land for both present needs and future needs, which can reasonably be anticipated," Webster wrote.

"It is inappropriate for the court to engage in surmise or conjecture as to the utility or feasibility" of the runway in question, the judge said. She cited a Chicago ordinance and the General Assembly's O'Hare Modernization Act, which states the importance of acquiring property sooner rather than later.

The ruling was the result of a lengthy hearing Dec. 10.

For years, the village of Bensenville and St. John's United Church of Christ, which owns St. Johannes, fought airport expansion in tandem. But recently, the village settled lawsuits with Chicago for $16 million.

Chicago Department of Aviation Commissioner Rosemarie S. Andolino said in a statement the city was pleased with the ruling, which allows it to move forward with acquiring the cemetery land.

"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," Andolino said.

Chicago has set up a cemetery relocation program that includes compensation for moving costs.

Attorney Joseph Karaganis, who represents St. Joannes, said the judge incorrectly denied his clients' discovery privileges, which would have allowed access to city plans.

"Discovery is a basic right," Karaganis said. "We were not able to get any internal documents, which we believe are essential to prove our case. To say this is unusual is too soft a word."

Still the ruling was "a procedural step, which we anticipated," he said.

The next court date in DuPage is Jan. 6.

For information about the city's cemetery relocation program, contact (773) 686-5136.

Daily Herald Staff Writer Christy Gutowski contributed to this report.