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Res Judicata Bars Free Exercise Challenge To Taking of Cemetery for O'Hare Expansion

By Howard M. Friedman

In City of Chicago v. St. John's United Church of Christ, (IL App., Sept. 16, 2010), an Illinois appellate court held that res judicata bars the living relatives of individuals buried in Chicago's St. Johannes Cemetery from challenging the condemnation of the cemetery to expand O'Hare Airport.  The relatives claimed that their religious rights were infringed by disturbing the graves of their loved ones. The court held that rejection of virtually identical claims in a federal case brought by one of the relatives of those buried in the cemetery barred the claim because the initial plaintiff was an adequate representatives of all relatives. (See prior related posting.)

Full post as published by Religion Clause on September 22, 2010 (boomark / email).