City of Chicago v. St. John's United Church of Christ

935 N.E.2d 1158, 404 Ill. App. 3d 505, 343 Ill. Dec. 930, 2010 Ill. App. LEXIS 989
CourtAppellate Court of Illinois
DecidedSeptember 16, 2010
Docket2-10-0131
StatusPublished
Cited by28 cases

This text of 935 N.E.2d 1158 (City of Chicago v. St. John's United Church of Christ) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Chicago v. St. John's United Church of Christ, 935 N.E.2d 1158, 404 Ill. App. 3d 505, 343 Ill. Dec. 930, 2010 Ill. App. LEXIS 989 (Ill. Ct. App. 2010).

Opinion

JUSTICE McLAREN

delivered the opinion of the court:

These cases arise out of the City of Chicago’s condemnation of St. Johannes Cemetery, exercised in the course of expanding O’Hare Airport. In the eminent-domain action, case No. 07 — ED—59, defendant, St. John’s United Church of Christ, which owned the cemetery, and several hundred relatives of those buried at St. Johannes, sought, via a traverse and motion to dismiss, to prevent the condemnation and destruction of the cemetery. In case No. 09 — CH— 4483, Florence Anderson and 67 other individuals with religious and property rights in the graves of ancestors buried in the cemetery sought injunctive relief to prevent the condemnation. The cases were consolidated in November 2009. On February 8, 2010, the trial court, having denied or dismissed all challenges to the condemnation, granted Chicago’s motion for immediate vesting of title under section 20— 5 — 5 of the Eminent Domain Act (Act) (735 ILCS 30/20 — 5—5 (West 2008)). This appeal followed.

FACTS

In July 2002, the City of Chicago (the City) disclosed plans to make changes at O’Hare International Airport, including construction of runways, additions to or relocation of runways, construction of new terminals, and construction of ground transportation facilities, ramps, parking, staging areas, mass transit, clear zones, and other airport-related facilities. The Chicago city council adopted an ordinance determining that the acquisition of certain properties was necessary and desirable for the expansion project and authorizing the exercise of the power of eminent domain to acquire those properties. The City planned to acquire approximately 433 acres of land located in Elk Grove Village and the Village of Bensenville. St. Johannes Cemetery was included in the list of properties to be acquired.

In 2003, the Illinois legislature passed the O’Hare Modernization Act (Modernization Act) (620 ILCS 65/1 et seq. (West 2004)). Section 15 of the Modernization Act provided, among other things:

“In addition to any other powers that the City may have, and notwithstanding any other law to the contrary, the City may acquire *** any right, title, or interest in any private property, property held in the name of or belonging to any public body or unit of government, or any property devoted to a public use, or any other rights or easements, including any property, rights, or easements owned by the State, units of local government, or school districts, including forest preserve districts, for purposes related to the O’Hare Modernization Program. The powers given to the City under this Section include the power to acquire, by condemnation or otherwise, any property used for cemetery purposes within or outside of the City, and to require that the cemetery be removed to a different location.” 620 ILCS 65/15 (West 2004).

The Modernization Act amended various other state acts, including the Religious Freedom Restoration Act (Religious Freedom Act) (775 ILCS 35/1 et seq. (West 2004)), to which was added section 30:

“Nothing in this Act limits the authority of the City of Chicago to exercise its powers under the O’Hare Modernization Act for the purposes of relocation of cemeteries or the graves located therein.” 775 ILCS 35/30 (West 2004).

Various parties brought suits in various federal courts. St. John’s, joined by Helen Runge and Shirley Steele, filed a suit in the United States District Court for the Northern District of Illinois. 1 Among the claims brought by St. John’s in its amended complaint were that the City violated its constitutional rights under the free exercise clause of the first amendment to the United States Constitution and the equal protection clause of the fourteenth amendment to the United States Constitution by not demonstrating a compelling governmental interest and use of the least restrictive mechanism, as was ordinarily required by the Religious Freedom Act. It also alleged violations of the takings clause of the fifth amendment and the due process clause of the fourteenth amendment. The federal district court dismissed the first amended complaint for failure to state a claim upon which relief could be granted and denied leave to file a second amended complaint. The Seventh Circuit Court of Appeals affirmed. See St. John’s United Church of Christ v. City of Chicago, 502 F.3d 616 (7th Cir. 2007).

On October 16, 2007, the City filed complaints for condemnation against various properties, including St. Johannes Cemetery, in case No. 07 — ED—59. St. John’s filed a traverse and motion to dismiss on February 1, 2008, alleging, among other things, that the taking of St. Johannes was unnecessary for the planned expansion of O’Hare and that it would violate the guarantee of free exercise of religion contained in the Illinois Constitution (Ill. Const. 1970, art. I, §3). On June 2, 2008, the trial court ruled that St. John’s claim regarding the free exercise of religion was barred by res judicata. The court also denied St. John’s motion to compel additional discovery.

On June 17, 2008, the City moved the court to appoint a guardian ad litem. The City stated that it had filed with the complaint an affidavit alleging that certain additional persons may have an interest in the case; however, the City did not know the identity of these persons. The City had published a notice of the filing of the condemnation suit once a week for three weeks in the Daily Herald newspaper and had also filed a lis pendens notice with the recorder of deeds. No person filed an appearance or contacted the City in response. The City identified persons potentially having an interest in the case as “pre-need owners” (persons who have purchased rights of interment on a preneed basis), living relatives of the deceased buried in St. Johannes, those interred in St. Johannes who have no living relative, and the interred for whom no living relative has been identified. The City argued that courts often appoint a guardian ad litem “to represent the interests of persons who are necessary parties, but who are unknown or unable to represent themselves.”

On August 11, 2008, seven living relatives of persons buried in St. Johannes filed a petition to intervene, pursuant to section 10 — 5—75 of the Act (735 ILCS 30/10 — 5—75 (West 2008)), and a traverse, alleging that the condemnation would violate their right to the free exercise of religion guaranteed in the Illinois Constitution and that the taking was not necessary. The trial court granted the petition to intervene on October 2, 2008, but ruled that the intervenors were bound by all prior court orders, including the May 29, 2008, order in which the court found that the claim regarding the free exercise of religion was barred under the doctrine of res judicata. When asked if the intervenors were precluded by res judicata from raising the issue, the trial court responded:

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Cite This Page — Counsel Stack

Bluebook (online)
935 N.E.2d 1158, 404 Ill. App. 3d 505, 343 Ill. Dec. 930, 2010 Ill. App. LEXIS 989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-chicago-v-st-johns-united-church-of-christ-illappct-2010.