Jul 27, 2007 7:59 pm US/Central
Judge: Stop O'Hare Expansion Work In Bensenville
DuPage Judge Agrees That Chicago's Tree Felling Violated Order To Stop Demolition
CBS 2's Mai Martinez, Mike Parker and the Associated Press contributed to this report.
WHEATON, Ill. (CBS) ―
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A steamroller prepares land for expanded runways at O'Hare International Airport.
CBS
A judge on Friday said Chicago crews must stop cutting down trees and preparing land in Bensenville while a restraining order stopping demolition of houses is in place.
As CBS 2's Mike Parker reports, Bensenville residents are upset about the premature demolition in the footprint of O'Hare's expansion plan.
Resident Gloria Reyes is concerned about the effects of the work on her family. "I think there will be a lot of pollution, a lot of damage to the trees," she said. "I don't think it's good at all."
Bensenville Village Manager Jim Johnson said, "Any disruption of the soil, structures, foliage on those properties would be a violation of that court order."
A judge ruled that before any demolition or work around the homes goes forward, Chicago must conduct an environmental hazards survey.
Opponents of the project deny that they are simply trying to stall the inevitable.
"It's a matter of economics," Johnson said. "The airlines cannot finance this project and the project itself will eventually die of its own way."
Project officials point out that in his ruling Friday, the judge noted there was no malice in the action by the City of Chicago. However, the mayor of Bensenville likens what happened to Mayor Richard M. Daley's midnight destruction of Meigs Field.
DuPage County Judge Kenneth Popejoy made the ruling on Friday. Popejoy wants the city to make sure the planned demolition will not release dangerous and toxic materials, such as asbestos, into the environment.
"I am not going to risk the residents of Bensenville and the other residents in the surrounding area," Popejoy said.
Bensenville officials had sought a preliminary injunction against the demolition, which Popejoy granted. But he also ruled that the properties owned by Chicago aren't subject to local regulations, emphasizing Bensenville's lack of authority to stop the project.
On Thursday morning, crews were clearing trees from the land. Bensenville leaders say that was a violation of the judge's order.
Popejoy agreed with the contention and on Friday ordered Chicago city crews to stop. He also agreed with arguments by Bensenville attorneys that the crews' actions stir up the soil and can be environmentally damaging, the Village of Bensenville said.
He also said the properties Chicago wants torn down must have access to Bensenville police and fire services, according to the village.
On Thursday, the director of O'Hare Modernization Project had argued Chicago crews did nothing wrong by cutting down trees.
"He asked us not to demolish and we did not demolish there is no demolition of any structure, decks, we did not demolish," Rosemarie Andolino said. "We just maintained; securing our property."
Bensenville Village Manager James Johnson blamed Chicago for the conflict.
"This shouldn't have to turn into a border war, if Chicago would just follow the law," Johnson said. "The people who live in those homes, or were forced to move, are the ones who have suffered at Chicago's hands."
Those still living in the area marked for demolition are also worried about what could happen should buildings be destroyed.
Gloria Reyes says she has not even let her grandchildren play outside since the City of Chicago started cutting down trees and disturbing the soil.
"You never know they start tearing everything out," Reyes said. "It's not going to be good."
Still, Bensenville village leaders hope the courts will put a stop to any further work in the area.
Andolino is in charge of bringing the multi-billion dollar project in on time and on budget. Delays due to disputes with neighboring suburbs, she says, have cost more than $250 million. Most have been resolved. The new northern runway, waiting to be paved, was once the site of 50 homes and business in Des Plaines. They were purchased and razed without a problem.
Andolino says the project will start paying dividends by cutting flight delays as soon as the first runways are finished. Bensenville says the project will never justify its cost, and is sparing no expense to try to block it.
The FAA has said the O'Hare expansion project will reduce delays at the airport by 68 percent.
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