Judge tosses part of latest lawsuit challenging construction of Obama Presidential Center in Jackson Park
CHICAGO (CBS) -- A federal judge has dismissed part of the latest lawsuit seeking to block construction of the Obama Presidential Center in Jackson Park.
Protect Our Parks filed a second lawsuit last year attempting to stop the presidential center from being built in historic Jackson Park, arguing the years-long federal review of the project's environmental impact on the site was flawed, and that the state and city violated their public trust obligations to protect public land.
They also argued that state and federal regulators should have considered sites other than Jackson Park, which they argued would have been "much less harmful to protected resources."
But U.S. District Judge John Robert Blakey on Tuesday dismissed the eight state law claims in the lawsuit, ruling the city "did not abdicate control or ownership" of the Obama Center site, and that presidential centers provide clear public benefits, including "furthering human knowledge and understanding, educating and inspiring the public, and expanding recreational and cultural resources and opportunities."
Protect Our Parks' attorneys said they plan to forge ahead with their court fight, and plan to appeal to the 7th Circuit U.S. Court of Appeals. The judge's ruling did not cover seven federal law claims that will continue to go forward in U.S. District Court.
"We are not surprised by this decision, even though we are deeply disappointed with it. The District Court's opinion ignores the many case law authorities which hold that total deference to the City and the Foundation is not consistent with the constitutional underpinnings of the public trust doctrine or other constitutional principles set forth in the complaint. In our legal system, the rule of law and due process are foundational, and this decision undermines those principles," attorney Richard Epstein said in a statement.
Mayor Lori Lightfoot said she was "very pleased" the judge dismissed part of the lawsuit.
"As you know, we're moving forward, shovels in the ground. You can see the framing of some of the structures that are already happening, and we're excited the progress that's being made," she said.
An earlier federal lawsuit by Protect the Parks was dismissed in 2019, and a federal appeals court upheld that ruling in 2020. The U.S. Supreme Court later refused to take up that case.
Construction of the Obama Presidential Center began last summer, and is expected to be completed in 2020.
The Obama Foundation has estimated the center will cost approximately $500 million. Once it is built, the city would own the campus, but the center would pay to maintain it. The Obama Presidential Center will be privately funded, and the foundation will pay the city $10 to lease the land for 99 years.
The center will include a 235-foot stone tower housing the site's museum; a Chicago Public Library branch; a multipurpose space on top of the museum, a program, activity, and athletic center for community programs and events; a Great Lawn for social gatherings, barbecues, a nature center; and new walking and biking trails; a children's play area; and a fruit and vegetable garden and teaching kitchen.
The center will not include a formal presidential library operated by the National Archives and Records Administration. Rather, Obama's collection of presidential documents and artifacts will be stored in existing NARA facilities, and non-classified documents will be available online.
The project will also include the closing of several roads in Jackson Park, and replacing them with new green space, while widening or reconfiguring other streets in the surrounding neighborhoods to handle increased traffic and improve access in and around Jackson Park.
The $174 million in roadway work will be funded by the state.
EDITOR'S NOTE: This story has been updated to reflect that only part of the lawsuit was dismissed, not the entire lawsuit as originally reported.
