A federal appeals panel has ruled an environmental group, seeking to block construction of the Obama Presidential Center in Chicago's Jackson Park, has no standing to go forward in federal court, but could proceed in state court.
The Aug. 21 ruling was written by Circuit Judge Amy Barrett, with agreement from Circuit Judges Daniel Manion and Michael Brennan, of the U.S. Court of Appeals for the Seventh Circuit in Chicago.
In 2018, a group, Protect Our Parks, filed for an injunction in Chicago federal district court, to stop the City of Chicago and Chicago Park District from letting the privately held Obama Foundation build a facility on 19 acres of land in 543-acre Jackson Park. The $500 million project would pay homage to former President Barack Obama, who hailed from Chicago. Protect Our Parks was incorporated in March 2008; it's agent is Bonnie C. McGrath, a Chicago lawyer, according to state records.
Protect Our Parks contended the city breached federal and Illinois law by giving public land over for a private purpose. Specifically, the group claimed the park was once submerged beneath Lake Michigan, and according to an 1892 U.S. Supreme Court decision, land once submerged beneath a navigable waterway is permanently in the public trust.
The group further alleged the city violated Constitutional due process by rolling over for the Foundation, in what the group termed a "con shell game." Chicago's mayor during this time was Rahm Emmanuel, who had been Obama's chief of staff.
The city countered the Obama complex would serve a public goal by expanding the park’s educational and recreational offerings. The Foundation conceded the land may have been under water, but that was 11,000 years ago, before Illinois was formed, so it is of no consequence.
The city also pointed out the Obama Foundation will cover construction and maintenance costs, but will eventually hand over the center’s deed to the city at no charge. However, court papers said the city would foot the bill for reconstruction of roads around the center, and other costs.
In 2019, District Judge John Blakey, an Obama appointee, rejected the injunction request.
On appeal, Circuit Judge Barrett, appointed by President Donald Trump, upheld Blakey's decisions relating to the federal claims.
Barrett said, quoting from a 1992 U.S. Supreme Court ruling, that for Protect Our Parks to proceed in federal court, it must have a "separate concrete interest" in the Obama project. However, the group presented no such unique interest, instead only alleging the city has not followed the law, which, presumably, everyone in Chicago would desire, Barrett noted. Further, the group alleged the Obama center would harm the environment, not any particular group members, which means the group has no standing to sue, Barrett said.
"Plaintiffs are nothing more than 'concerned bystanders,' and concerned bystanders are not entitled to press their claims in federal court," Barrett, said in quoting a 1973 U.S. Supreme Court decision.
In addition, Barrett observed that landowners adjacent to the proposed center have no "protected interest" in Jackson Park, so Protect Our Parks also lacks such an interest necessary to sue.
Barrett noted the "public trust" doctrine invoked by the group, which limits the government’s ability to transfer control of public lands to private parties, "functions as a restraint on government action, not as an affirmative grant of property rights."
Blakey had thrown out the federal and state claims, but only had jurisdiction over the state claims, according to Barrett. As a consequence, Barrett vacated Blakey's dismissals of the state claims, saying these claims should have been dismissed for lack of jurisdiction.
The case was returned to district court for action in accordance with the appellate ruling.
Protect Our Parks has been represented by the Chicago firm of Roth Fioretti.
The city of Chicago has been represented by its Department of Law and the Chicago firm of Mayer Brown.
The Chicago Park District is represented by Burke, Warren, McKay & Serritella, of Chicago.