Protect Our Parks, Inc. v. Chicago Park District, No. 19-3333 (7th Cir. 2020)Annotate this Case
The Barack Obama Foundation selected Jackson Park in Chicago to house the Obama Presidential Center. Chicago acquired 19.3 acres from the Chicago Park District, enacted the necessary ordinances, and entered into a use agreement with the Obama Foundation. Construction will require the removal of multiple mature trees, the diversion of roadways, and will require the city to shoulder some expenses. Opponents sued, alleging that the defendants violated Illinois’s public trust doctrine, which limits the government’s ability to transfer control or ownership of public lands to private parties and that under Illinois law, the defendants acted beyond their legal authority in entering the use agreement because it delegates decision-making authority to the Foundation and grants the Foundation an illegal lease in all but name, Under federal law, they argued that, by altering the use of Jackson Park and granting control to the Foundation, the defendants took the plaintiffs’ property for a private purpose and deprived them of property in a process lacking in procedural safeguards.
The district court granted the defendants summary judgment. The Seventh Circuit affirmed as to the federal claims and held that the state claims should have been dismissed for lack of jurisdiction. Federal courts are only permitted to adjudicate claims that have allegedly caused the plaintiff a concrete injury. The federal claims allege a concrete injury, but the lack of a property interest is a fundamental defect. The state claims allege only policy disagreements.