Cert Denied In O'Hare Expansion Challenge By Church

Yesterday the U.S. Supreme Court denied certiorari in St. John's United Church v. Chicago, IL, (Docket No. 07-1127) (Order List). In the case, the 7th Circuit had rejected a challenge to Chicago's use of eminent domain to take a church cemetery as part of the city's expansion of O'Hare Airport. The 7th Circuit found no free exercise violation in Illinois' amendment of its Religious Freedom Restoration Act to exclude from its provisions Chicago’s actions in relocating cemeteries in the O’Hare project. (See prior posting.) Yesterday's Chicago Tribune reports that two other challenges to the taking of the cemetery are still pending in the courts, including a federal Religious Freedom Restoration Act claim that is on appeal to the 7th Circuit.