O'Hare battle continues in appeals court

Three appellate justices will consider the fate of about 600 homes and businesses in Bensenville following arguments in appeals court Tuesday.

In order to modernize O'Hare International Airport and build six parallel runways, Chicago is seeking to expand the facility onto property it has acquired in the northeast part of Bensenville. The village has fought the project for years and in this latest legal battle contends that razing the structures poses a health risk.

The two sides clashed this summer in DuPage County Circuit Court over the environmental impact of tearing down the properties. On Aug. 7, DuPage Judge Kenneth Popejoy lifted an injunction preventing any demolitions, after concluding that Bensenville officials "have not established that the city's planned demolition, with the testing and controls to be put into place, constitutes a current, existing public nuisance or, that the public health will be endangered from the demolition."

The village subsequently appealed to the 2nd District Appellate Court, which conducted a hearing in Elgin.

Village attorney Joseph Karaganis warned that toxic chemicals could be released during demolition, saying "there's no evidence to support that the control program proposed by Chicago will protect the health of Bensenville residents."

He underwent tough questioning from Justice Jack O'Malley, a former Cook County state's attorney, who heard the case along with Justices Kathryn Zenoff and R. Peter Grometer.

"If an expert gives his opinion, how can you say that's no evidence?" O'Malley asked, referring to testimony from environmental experts on behalf of Chicago.

"The evidence was produced without consideration for the public health risk," Karaganis said.

City attorney Benna Solomon said Chicago conducted extensive tests at the Bensenville properties for health hazards and proved no dangers existed.

Bensenville officials "did no testing of their own," she said. "Their evidence was that our evidence wasn't strong enough. The circuit court made a ruling that there were no contaminants in high enough quantities to matter."

O'Malley put Solomon on the hot spot as well, asking which independent agencies would oversee demolitions, suggesting that Popejoy's "attitude seemed to be that someone in a white suit would be monitoring it."

"No one is entitled to a perfectly safe world," Solomon said. She explained the city would remove contaminated materials from the properties and hose down structures to prevent the spread of dust.

Karaganis also questioned whether Chicago, which just opened a new north runway, will be able to finish the entire modernization plan. "If Chicago is not building Phase Two, there's no need to rip apart Bensenville," Karaganis said. Chicago officials contend the entire expansion project is a go.

A ruling is expected in the near future.