August 2021 - 29

American President, who has a
longstanding connection to Chicago,
fit that bill.
In 2014, the Barack Obama
Foundation began a nationwide
search for the future location of the
presidential library for the 44th
President. Eventually, the Foundation
selected Jackson Park on
Chicago's South Side to house the
Obama Presidential Center. The
City of Chicago acquired the 19.3
acres necessary from the Chicago
Park District and enacted the ordinances
required to approve the
construction of the center. The City
then entered into a use agreement
with the Obama Foundation to govern
the terms of the center's construction,
ownership and operation.
The Jackson Park location, the
foundation
believed, would
be
best situated to " attract visitors on
a national and global level " and
would " bring significant long term
benefits to the South Side. " Construction
of
the
center
would
require the removal of multiple
mature trees, as well as the closure
and diversion of roadways. It also
would require the City to shoulder
a number of big-ticket expenses.
Private Purpose Park
In their complaint, POP claimed
the City had violated Illinois'
public trust doctrine. Under Illinois
law, the public trust doctrine
limits the government's ability to
transfer control or ownership of
public lands to private parties. In
this particular instance, POP had
argued the City had violated the
public trust doctrine by transferring
control of public parkland to
the Obama Foundation for a purely
private purpose. In addition,
under Illinois law, POP had argued
the City had acted " ultra vires " ;
i.e., beyond their legal authority
in entering the use agreement
with the Foundation. Specifically,
POP contended the use agreement
between the City and the Foundation
violated Illinois law because
it " delegates decision making authority
to the Foundation, grants
the Foundation an illegal lease in
all but name, 70 ILCS 1290/1, exchanges
the property for less than
equal value, 70 ILCS 1205/107(b),
and fails to require the City
to 'use, occupy, or improve' the
land transferred to it from the Park
District, 50 ILCS 605/2. "
Under federal law, POP also had
argued the City violated the Takings
Clause of the Fifth Amendment
by taking POP's property interest
in public property
for a private
purpose by " altering the use of
Jackson Park and handing over
control
to
the
Foundation. "
Moreover, POP claimed the City
" deprived them of property in a
process so lacking in procedural
safeguards that it amounted to a
rubberstamp of the Foundation's
decision and violated their rights
under the Due Process Clause of
the Fourteenth Amendment. "
Federal Standing
Requirement
In order to address the merits of
the district court's grant of summary
judgment on the state law
claims, the federal appeals court
acknowledged " an obligation to assure
ourselves of our jurisdiction. "
The issue was, therefore, whether
POP had " standing to bring their
state claims in federal court. " As
noted by the court, " Federal courts
are only permitted to adjudicate
claims that have allegedly caused
the plaintiff a concrete injury; a
plaintiff cannot come to federal
court simply to air a generalized
policy grievance " :
The requirement of standing
is an essential and unchanging
part of the case-or-controversy
requirement of Article III [which
established the judicial branch in
the federal government in the
U.S. Constitution]. Its elements
are familiar: the plaintiff must
allege an injury in fact that is
traceable to the defendant's conduct
and redressable by a favorable
judicial decision.
The Jackson Park location, the
foundation believed, would be
best situated to " attract visitors
on a national and global level "
and would " bring significant long
term benefits to the South Side. "
To satisfy the " injury in fact " requirement
for standing, the court
acknowledged a plaintiff must
have " suffered an invasion of a
legally protected
interest
that
is
concrete and particularized and actual
or imminent, not conjectural
or hypothetical. " In this particular
instance, POP insisted it had
adequately alleged that they will
suffer an imminent, concrete injury
as a result of the City's alleged
violations of Illinois law under the
public trust doctrine, the primary
basis of POP's state law claim. The
federal appeals court rejected this
argument. In the opinion of the
court, POP's state claims alleged
" only policy disagreements with
Chicago and the Park District, so
neither we nor the district court has
jurisdiction to decide them. "
PARK S ANDRECRE AT ION . OR G | A UGUS T 2 0 2 1
| Parks & Recreation
29

August 2021

Table of Contents for the Digital Edition of August 2021

August 2021 - Intro
August 2021 - Cover1
August 2021 - Cover2
August 2021 - 1
August 2021 - 2
August 2021 - 3
August 2021 - 4
August 2021 - 5
August 2021 - 6
August 2021 - 7
August 2021 - 8
August 2021 - 8a
August 2021 - 8b
August 2021 - 9
August 2021 - 10
August 2021 - 11
August 2021 - 12
August 2021 - 13
August 2021 - 14
August 2021 - 15
August 2021 - 16
August 2021 - 17
August 2021 - 18
August 2021 - 19
August 2021 - 20
August 2021 - 21
August 2021 - 22
August 2021 - 23
August 2021 - 24
August 2021 - 25
August 2021 - 26
August 2021 - 27
August 2021 - 28
August 2021 - 29
August 2021 - 30
August 2021 - 31
August 2021 - 32
August 2021 - 33
August 2021 - 34
August 2021 - 35
August 2021 - 36
August 2021 - 37
August 2021 - 38
August 2021 - 39
August 2021 - 40
August 2021 - 41
August 2021 - 42
August 2021 - 43
August 2021 - 44
August 2021 - 45
August 2021 - 46
August 2021 - 47
August 2021 - 48
August 2021 - 49
August 2021 - 50
August 2021 - 51
August 2021 - 52
August 2021 - 53
August 2021 - 54
August 2021 - 55
August 2021 - 56
August 2021 - Cover3
August 2021 - Cover4
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/august-2021
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/july-2021
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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