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Originally Posted by pilsenarch
^worth repeating on this page
Mr. D: 1)Apparently Montgomery Ward thought it important to make an exception to his rule for a particular institution... hmmm.
2)How do all of the privately run harbors for the 1% and the exclusive accompanying parking lots not come under protest from FotPL?
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Thanks. A more concise version of my legal analysis is this:
The public trust doctrine says you can't build directly on top of the lake. FOPL's case says any land that used to be the lake is still considered the lake, so the museum is being built on top of the lake (i.e. this is a total BS hail mary). The more I read into this the more I think they'll be laughed out of court. I think the entire lawsuit was meant to get Lucas frustrated and leave the city before trial. Mix it in with the ivory tower egg heads at the Tribune and Kamin himself, and you create enough noise to annoy Lucas. I just hope his lawyers can convince him to be a little more patient, because this is a win for the city.
If FOPL wins, the precedent would mean that any land that used to be the lake, including the south works development, can't be developed. Such a precedent would make a lot of land useless, and the judge would be aware of that and not let that happen.
Some responses to Mr. Downtown:
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Originally Posted by Mr Downtown
Because it's not enhancing the navigability of the lake's waters, nor offering more convenient wharfage. That's the context for the language in Illinois Central. The key word is therein.
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Irrelevant.
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Originally Posted by Mr Downtown
The fact that it's currently a parking lot, or how much it's used, is irrelevant to the legal situation. It's under public ownership and control. If transferred to LMNA, it would not be.
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No. The key issue is public or private purpose, not control. Purpose is what will be decided in court (if the court even entertains the public trust issue and deems the location to be the same as building on top of the lake).
The city's legal argument is this: Your honor, the public trust doctrine doesn't apply, this isn't the lake. But if you do think it's the lake, we still win, because the direct and dominating purpose of the museum is for the public benefit, and any private interest is merely incidental.
SkyscraperPage, this is a win. The only way the museum doesn't get built is if Lucas gets frustrated and cancels. Just let it play out, you'll see construction cranes soon.