Cemetery can be moved for O'Hare, court rules

A federal appeals court today dealt a devastating blow to opponents of O'Hare Airport expansion when it ruled a small cemetery near Bensenville could be bulldozed by the city of Chicago.

St. Johannes Cemetery --with its 1,400 graves -- has been holding up one of the most expensive airport expansion projects in the country, ultimately expected to cost about $15 billion.

While the city faces other minor legal challenges, this case has been considered by Chicago to be last major hurdle in court.

The city hopes to dig up the bodies, move the graves to other cemeteries and pave it over for a new runway.

Defended by a fiercely protective church, St. John's Evangelical Church, the 157--year--old cemetery has stalled key parts of the airport expansion.

For the past 18 months, the federal appellate court in Chicago mulled over the implications of the suit that delved into the rights of religious organizations when a secular entity wanted their land.

Judges ruled Chicago's desire to relocate the cemetery did not violate federal religious freedom laws, allowing city to move forward.

Chicago's next move is to contact St. John's church to make an offer, said Roderick Drew, spokesman for Chicago.

"We are pleased with the ruling and we look forward to moving to the next step," Drew said.

Bensenville and Elk Grove Village officials -- opponents of airport expansion for decades -- have continued an ongoing multifront legal challenge aimed at stalling or ending the expansion. Over the past four years, the villages have spent more than $10 million.

The expansion will level more than 500 homes and businesses in Elk Grove Village and Bensenville and all the graves at St. Johannes.

Because the church wants to save its cemetery, it has joined forces with the villages and signed on to the lawsuit.