ABC-News link with a video of the text on that page: http://abclocal.go.com/wls/story?section=local&id=4037560 City bids on cemetery in way of O'Hare deal By Virginia Groark Tribune staff reporter Published March 30, 2006 The City of Chicago on Wednesday offered $630,000 for a 157-year-old cemetery in the path of the O'Hare International Airport expansion plan, even though a federal court has barred the city from acquiring the land until it rules on a pending case. The city initiated the proceedings to acquire St. Johannes Cemetery from St. John's United Church of Christ in Bensenville. The figure does not include the cost of moving the approximately 1,300 graves in the burial ground. The city would pay for that separately, officials said. If the church does not respond within 30 days, the city said it could start condemnation proceedings. But a lawyer for the relatives of people buried in the cemetery said the offer and threat of condemnation is nothing more than an attempt to scare his clients because a federal court has temporarily barred the city from acquiring the land. "It's an attempt to intimidate," attorney Joseph Karaganis said. "It's kind of a cruel pressure because these are elderly people," he said. "And every time Chicago does one of these things, it creates an atmosphere of fear and hostility." Rosemarie Andolino, executive director of the O'Hare Modernization Program, acknowledged that the city could not acquire the property until the 7th Circuit Court of Appeals rules on an anti-expansion court case backed by Bensenville and Elk Grove Village. But she said the city initiated the offer to keep its program moving. Though Chicago can't condemn the property unless the court rules in its favor, that process can be lengthy and is not something "that can be resolved in a day or two." "We have a program to build," Andolino said. "And what we have to constantly work against is budget and schedule, and we need to make sure we keep this program moving ahead." Even if the city is eventually allowed to acquire the land, it has pledged not to remove the graves until the U.S. Court of Appeals for the District of Columbia finishes its review of the Federal Aviation Administration's approval of the expansion plan. Oral arguments in that case are scheduled for May 5. Located in DuPage County at the edge of the existing airfield, St. Johannes lies in the path of one of the proposed runways in the $15 billion O'Hare expansion plan. It also is the key to the legal battle being waged by the plan's opponents, who argue that it would be unconstitutional to move the cemetery to make way for the expansion. Specifically, they say that moving the graves would violate the church's 1st Amendment rights to exercise its religious beliefs. Opponents also argue that state legislators discriminated against the church when they passed the O'Hare Modernization Act in 2003, excluding the cemetery from another state law that prohibits government from putting "a substantial burden" on religious practice. While some opponents argue plans can be changed to save the graveyard, Andolino said the FAA could not find a way to route the runway away from the cemetery, though it did spare nearby Rest Haven cemetery. "St. Johannes is in the footprint of the expansion, and there's nothing else we could do to try to change that," she said. &&&&& City offers $630K for cemetery in O'Hare path March 30, 2006 BY MONIFA THOMAS Transportation Reporter Chicago SunTimes The sale can't be completed until a federal appeals court says so, but the City of Chicago made a formal offer Wednesday to buy a Bensenville cemetery that the city plans to demolish in order to build new runways at O'Hare Airport. City officials offered the owners of St. Johannes Cemetery $630,000 to acquire the land, even as legal challenges filed by foes of the O'Hare expansion wind their way through federal courts in Chicago and Washington, D.C. The multi-billion dollar expansion project, which backers say would significantly reduce delays at O'Hare, is bitterly opposed by Bensenville and Elk Grove Village officials on the grounds that it is too costly and disruptive to nearby communities. Appeals pending The city cannot legally purchase St. Johannes until the 7th Circuit Court of Appeals in Chicago issues a final ruling on whether razing the cemetery violates the religious rights of its owner, St. John's United Church of Christ. A federal appeals court in Washington also ordered the city not to physically disturb the cemetery until the court reviews the Federal Aviation Administration's approval for O'Hare expansion. Oral arguments in that case are scheduled for May 5. (2006) "We are aware that we cannot complete the purchase of the cemetery at this time. However, making an offer and, if necessary, initiating condemnation proceedings are allowed by both court orders," Rosemarie Andolino, executive director of the O'Hare Modernization Program, said in a statement. A spokesman for the church could not be reached for comment Wednesday. Bid called 'scare tactic' Joseph Karaganis, lead attorney for the expansion opponents, said the city's offer is merely a scare tactic meant to make St. John's parishioners think the cemetery can't be saved. "The city made an offer knowing full well that the religious community that represents St. Johannes will reject any attempt to destroy St. Johannes," he said. "One cannot put a dollar sign on religious beliefs." The city's offer to St. John's does not include the costs it plans to pay to exhume and relocate about 1,300 graves, Andolino said. &&&&& City moves forward with O'Hare expansion projectOffers to buy Bensenville cemetery By John Garcia ABCnews March 29, 2006 The city is moving forward on what is one of the last major obstacles in the O'Hare expansion project. The city has submitted an offer to buy a cemetery that lies in the path of the plan. O'Hare Airport expansion project leaders say they are making good progress so far. They have already bought nearly 100 pieces of property in Bensenville and laid several tons of concrete. But none of it near this cemetery, which according to the FAA plan, would be the home of a new runway. It is the subject of a federal lawsuit, but that hasn't stopped the city from making an offer to buy it. "Issuing an offer letter and beginning those discussions is OK, taking the title is not," said Rosemarie Andolino, O'Hare Modernization Program director. The city has appraised the land at $630,000 and that's what they have offered to Saint John's United Church of Christ, which owns the cemetery. The city is offering to make separate financial arrangements with the families to reinter the bodies of the 1,300 people buried. Family members however have long been united against the city's effort to take over the cemetery. They call this latest effort a public relations stunt by the city. "This community has strong religious beliefs, which not only are entitled to legal protection, but they're not about to trade those beliefs for a given amount of money," said Joe Karaganis, attorney for St. Johannes Cemetery. The attorney for the families says he believes the church has a strong case that would force the FAA to reconfigure their runway plans. City officials believe precedent is on their side. City officials say the church has 30 days... their faith in the courts. &&&&& Posted on Thu, Mar. 30, 2006 Associated Press City offering to buy cemetery in path of airport expansion CHICAGO - The city has offered a suburban church $630,000 for a cemetery in the path of the expansion of O'Hare International Airport, even though a federal court has temporarily blocked the city from acquiring the land. The city says if St. John's United Church of Christ in Bensenville does not respond to the offer within 30 days, condemnation of St. Johannes Cemetery may proceed. City officials acknowledge that the U.S. 7th Circuit Court of Appeals issued an injunction Dec. 2 that prevents the city from acquiring the cemetery until the court issues a ruling. Attorneys for the cemetery argued to the appeals court that moving the graves would violate the church's First Amendment right to religious freedom. Attorney Joseph Karaganis, who represents families of people buried in the 157-year-old cemetery, said the city is trying to intimidate the families with its offer and that "one cannot put a dollar sign on religious beliefs." "It's kind of a cruel pressure because these are elderly people," Karaganis said. "And every time Chicago does one of these things, it creates an atmosphere of fear and hostility." Rosemarie Andolino, executive director of the O'Hare Modernization Program, said the city made the offer to keep the expansion on schedule. "We have a program to build," Andolino said. "And what we have to constantly work against is budget and schedule, and we need to make sure we keep this program moving ahead." In a separate case, the city has agreed not to disturb any graves until a federal appeals court in Washington rules on another lawsuit opponents have filed against the Federal Aviation Administration. The city's offer Wednesday does not include the cost of moving about 1,200 graves. The city would pay for that separately, officials said. The Federal Aviation Administration has said the plan to build two runways, redesign others and construct a new terminal will reduce delays by 68 percent by its scheduled completion in 2013.