Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming
Law Firm Website Design Companies : The Good, The Bad, and The Ugly

U.S. court turns down cemetery appeal

  Court Watch  -   POSTED: 2007/12/14 11:31

Bensenville’s last chance for a favorable ruling regarding the removal or graves at a local cemetery to make way for O’Hare International Airport expansion may lie with the U.S. Supreme Court.

The United States 7th Circuit Court of Appeals last week denied the village and St. John’s United Church of Christ, which owns the cemetery adjacent to O’Hare, the opportunity to review a case challenging the constitutionality of removing graves under the First Amendment.

Last September, the court ruled in favor of the city of Chicago that the graves can be moved.

Joe Karaganis, an attorney for the village of Bensenville and the church, said the petition to rehear the case was “a longshot,” because the court rarely re-hears cases. However, he said he felt there was some merit to the request.

In the request, the village and church pointed out that one of the three judges offered a dissenting opinion in their favor in the original decision, which Karaganis said gave the appeals more weight.

Bensenville and St. John’s maintain that relocating the graves from land owned by the church is a violation of the Illinois Religious Freedom of Restoration Act and First Amendment religious protection rights.

The next step, Karaganis said, is to ask the U.S. Supreme Court to hear the case.

“While this a petition also has long odds of getting accepted, we believe that the First Amendment issue raised by the decision, especially as set forth in the dissent, has a worthwhile chance of being granted,” he said.

While the church and village have promised to take the fight to the Supreme Court, Chicago is using the latest court rulings to move forward with the purchase of both the cemetery and other properties needed under the plan.

“We are pleased with the court’s order in this regard,” said Rosemarie S. Andolino, executive director of Chicago’s O’Hare Modernization Program. “We will continue to move forward with the acquisition process for St. Johannes Cemetery, and welcome the opportunity to work with church officials during this process.”

Chicago offered $630,000 to buy St. Johannes Cemetery in March 2006. That offer was rejected, and in October, the city filed a complaint for condemnation to acquire the cemetery in the circuit court of DuPage County. That case is still pending.

While the court fight over the cemetery continues, the city of Chicago continues to purchase properties in the village needed as part of the airport expansion.

The city has already acquired 533 of the 611 parcels needed in the village of Bensenville. Of those, 473 parcels are vacant and the owners have relocated.

Legal News | Breaking News | Terms & Conditions | Privacy | Law Firm Web Design by Law Promo

ⓒ Breaking Legal News. All Rights Reserved.

The content contained on the web site has been prepared by BLN as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case.
   More Legal News
   Legal Spotlight
   Exclusive Commentaries
   Attorney & Blog - Blog Watch
   Law Firm News  1  2  3  4  5  6 
   Lawyer & Law Firm Links
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Chicago Business Lawyer
Cook County Contract Law
www.rothlawgroup.com
Canton Criminal Lawyer
Canton DUI lawyer
www.cantoncriminalattorney.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
Palm Beach Construction Law Attorney
Florida Construction Law
Wellington Construction Law
palmbeachconstructionlaw.org
Houston Car Accident Attorneys
Wrongful Death Attorneys Houston
Houston Wrongful Death
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Indianapolis personal injury lawyer
Brain injury lawyer Indianapolis
www.rwp-law.com
Eugene Bankruptcy Attorney
Bankruptcy Attorney Eugene
willamettevalleybankruptcy.com
   More Legal News  1  2  3  4  5  6
   Legal News Links
  Click The Law
  Daily Bar News
  The Legal Voice
  The Legal Report
  Legal News Post
  Crisis Legal News
  Legal News Journal
  Law Firm Logos
  Eugene Criminal Defense Law
  Attorney Web Design
  Simple Lawyer Web Design
  Law Firm Directory