In an order issued on May 12, 2008, the Supreme Court of the United States has denied St. John's Petition for Writ of Certiorari. This ruling leaves standing the decision by the U.S. Seventh Circuit Court of Appeals rejecting challenges by St. John's United Church of Christ to the O'Hare Modernization Program (OMP)'s acquisition of St. Johannes Cemetery.

"We are extremely pleased with today's Supreme Court order," said Rosemarie S. Andolino, OMP Executive Director. "With the Court of Appeals' ruling final, we will continue to move forward with acquisition of the cemetery and will be contacting next of kin in order to begin the relocation process."

The Supreme Court's ruling concludes this federal litigation initiated by St. John's challenging the City's ability to acquire the Cemetery. The City is proceeding with acquisition of title to the Cemetery in state court through eminent domain proceedings, a process the City initiated in October 2007.

"We are well aware that this is an extremely sensitive matter," added Andolino. "The OMP Cemetery Relocation Team is committed to treating the next of kin and church officials with the utmost care and compassion every step of the way during this process."

The City requests that anyone with next of kin buried at St. Johannes Cemetery contact the O'Hare Modernization Program at 773-462-8441 to let the City know their wishes in connection with the relocation process.

Chronology of Events

January 2006 - Oral arguments heard on St. Johannes Cemetery case by US Seventh Circuit Court of Appeals

March 2006 - OMP issues an offer of $630,000 to acquire St. Johannes Cemetery 

September 2007 - US Seventh Circuit ruled in favor of the OMP, clearing the way to acquire St. Johannes Cemetery when it determined:

• The amendment to the Illinois Religious Freedom Restoration Act (Illinois RFRA) does not violate the First Amendment because it does not discriminate against religion or religious institutions
• The Illinois RFRA amendment did not deny equal protection by targeting a suspect class or fundamental right
• Acquiring St. Johannes is not a "land use regulation" covered by the Religious Land Use and Institutionalized Persons Act (RLUIPA)

October 2007 - OMP files complaint for condemnation of St. Johannes Cemetery after acquisition offer is rejected

December 5, 2007 - US Seventh Circuit Court denies petition by St. John's Church for rehearing or rehearing en banc of the September 2007 ruling

December 14, 2007 - US Seventh Circuit Court lifts injunction prohibiting the OMP from receiving title to St. Johannes Cemetery pending review to US Supreme Court

May 12, 2008 - Supreme Court of the United States issues its order denying St. John's Petition for a Writ of Certiorari

About the O'Hare Modernization Program

Construction activities for the OMP are underway on the North and South Airfields. To date, contractors have moved more than 11.6 million cubic yards of dirt and paved over 272,000 square yards of concrete for runway and taxiway projects. The OMP has awarded nearly $755 million in construction contracts thus far. In the next year, the OMP will advertise up to another $516 million in construction bid packages. New Runway 9L/27R, the extension of Runway 10L/28R and the new North Air Traffic Control Tower will be commissioned on November 20, 2008, just 191 days from today.

Land acquisition activities are almost complete. The OMP has already acquired or settled on 551 of the 611 parcels needed in the Village of Bensenville. Of those parcels, 534 are vacant and the owners have relocated.