St. Johannes Cemetery Alliance SJCA eNews Monday, December 5, 2005 Some Better News from the Seventh Circuit Court of Appeals: In what is probably the final report of 2005, we have news of another turn in the road with respect to the continuing battle to preserve St. Johannes Cemetery. This report is much better than the last. On the day before Thanksgiving, an appeal of Judge Coar's ruling was filed on behalf of St. John's Church. On Friday, December 2nd, the Seventh Circuit Court of Appeals issued an order. The order reversed the Trial Court's decision in part, pending the completion of the appeal process in the Seventh Circuit. The upcoming appeal process will involve the filing of legal briefs by both sides, and subsequent arguments before a panel of higher court judges next year. A decision is currently expected no earlier than January (probably February, but it might be later than that). In the meantime, the partial immediate reversal of Judge Coar's prior decision creates a temporary injunction with respect to the City's efforts to acquire title to St. Johannes. You may recall that the City of Chicago has separately agreed in the D.C. Circuit Court of Appeals case that they will not physically disturb the Cemetery, or prevent visitation or religious activities in any way, until that second case is decided. Combined, the two cases stop the City from acquiring, harming or preventing access to St. Johannes in any way, at least until the decisions are issued. In the meantime, we would appreciate your assistance. Please report back to the Church (SEE CONTACT INFO BELOW) any contacts that the City of Chicago, the FAA, or anyone working for them, may make or deliver to you. Although they are now prevented from making tangible physical steps to harm the Cemetery, we remain concerned that they may use other tactics to begin putting pressure on family members who do not understand their rights or the status of the legal proceedings. Also, when you are visiting St. Johannes, please let the Church know if you encounter any difficulties or note any issues of concern. Your assistance in continuing to visit and care for the resting place of our loved ones will be greatly appreciated. May God grant you and your families joy and peace this Christmas season, and in the New Year to come. Best Regards. Bob Sell. If You Are Approached By the City of Chicago, the FAA, or Anyone Working for Them ... : .. It is highly suggested that you DO NOT carry on any conversations with these parties. An innocent discussion in your eyes could be construed by them as a grant of approval for them to disinter loved ones from St. Johannes. Instead, advise the contactor that you need first to speak with your attorneys and terminate the conversation. Then, please let us know right away that someone representing the City has contacted you about St. Johannes, and provide us with as much information about the contact as possible. Please advise us through the following channels: EMAIL (preferred method) Rev. Michael Kirchhoff michael.kirchhoff@sbcglobal.net<mailto:michael.kirchhoff@sbcglobal.net> Bob Sell, Esq. sell_111@hotmail.com<mailto:sell_111@hotmail.com> TELEPHONE Rev. Michael Kirchhoff 847-877-5702 PLEASE DO NOT CALL THE CHURCH OFFICE DIRECTLY. The above contact information also applies if you experience any difficulties when visiting at St. Johannes: such as, gates being closed during normal hours (7am to 5pm); being quizzed by security as to why you are at the cemetery; having to show ID to security personnel, or anything else you may believe is hindering your visit of St. Johannes Cemetery, etc. If you have any questions in regards to what has been shared in this newsletter, please feel free to contact me at michael.kirchhoff@sbcglobal.net<mailto:michael.kirchhoff@sbcglobal.net> and I will get back with you. Peace and Blessings to Each of You in This Christmas Season, Michael Kirchhoff