Judge stalls demolition for O’Hare expansion
By Justin Kmitch
jkmitch@dailyherald.com
Posted Friday, June 29, 2007
A DuPage County judge single-handedly shifted Chicago’s bulldozers to neutral Thursday, postponing demolition of Bensenville homes or business until late next month.
The demolition, which would make room for expansion of O’Hare International Airport, was delayed until Circuit Judge Kenneth Popejoy holds a July 25 hearing on a request for a temporary restraining order.
Bensenville attorney Joseph Karaganis filed the emergency request Thursday claiming demolition would violate village regulations and could endanger residents living in the acquisition area.
“We have said since the beginning that we did not want to have a street confrontation with the city of Chicago,” Karaganis said. “We have repeatedly asked the city to follow the rule of law. But until they walked into court today, they have been unwilling to do that.”
Karaganis said Bensenville also might ask the court for a declaratory judgment on the legality of the village’s demolition ordinance. The local law requires Chicago to prove the O’Hare project, which is at least $400 million over budget, can be built.
Chicago had sent Bensenville a notice warning that demolition could begin by Thursday.
O’Hare Modernization Program Executive Director Rosemarie Andolino released a written statement calling the latest court action a small setback.
“The city of Chicago believes it has received all of the necessary approvals, through existing state and federal laws, to proceed with demolition,” the statement read. “We are confident that once the court has had an opportunity to review the facts and issue a ruling, these demolitions can commence.”
Popejoy said he will use the next three weeks to read Bensenville’s 100-page complaint and allow Chicago a chance to respond.
Chicago has acquired or settled on 475 of the 611 Bensenville parcels it needs to expand O’Hare. About 370 of the parcels are vacant and the previous owners have relocated.