Protect Our Parks, Inc. v. Chi. Park Dist.

368 F.Supp.3d 1184

PROTECT OUR PARKS, INC., Charlotte Adelman, Maria Valencia, and Jeremiah Jurevis, Plaintiffs,

v.CHICAGO PARK DISTRICT and City of Chicago, Defendants.

Case No. 18-cv-3424

United States District Court, N.D. Illinois, Eastern Division.

Signed February 19, 2019

Kenneth Young Hurst, Mark Daniel Roth, Roth Fioretti LLC, Chicago, IL, for Plaintiffs.

Joseph P. Roddy, Elizabeth Meyer Pall, Richard W. Burke, Susan M. Horner, Burke, Warren, MacKay & Serritella, P.C., Andrew W. Worseck, John Lawrence Hendricks, Justin Tresnowski, City of Chicago, Department of Law, Britt Marie Miller, Jed Wolf Glickstein, Michael Anthony Scodro, Mayer Brown LLP, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

John Robert Blakey, United States District Judge

This order does not address the true facts of this case. Nor does it decide the legal merits of Plaintiffs' key claims. Instead, as with many rulings on motions to dismiss, this order merely clears away portions of the case that do not belong. As explained below, this Court grants in part, and denies in part, Defendants' motion to dismiss for lack of subject matter jurisdiction. [48]. Specifically, Count VI is dismissed with prejudice as to Plaintiff Adelman, and without prejudice as to Plaintiffs Parks, Valencia, and Jurevis (subject to reassertion should their First Amendment claims ever become ripe). Plaintiffs' aesthetic and environmental harm theory, to the extent it is included in Count I, also fails.

As to the remaining counts and legal theories, this Court makes no comment on the likelihood of success or failure, but this Court assures all involved that it will address what is left of the matter upon the dispositive motions to be filed at the close of discovery. If dispositive motions are granted in full, the case will end; and if they are denied, the parties will receive a short trial date.

This case remains set for a case management conference on February 27, 2019, at 10:30 a.m., in Courtroom 1203. At that hearing, this Court will rule on any discovery disputes, set a 45-day close of fact discovery, and calendar a firm six-week schedule for the final briefing and resolving of dispositive motions.

I. The Complaint's Allegations¹

This dispute arises out of the City of Chicago and the Chicago Park District's efforts to bring the Obama Presidential Center (OPC) to the City's South Side. Because this opinion is limited to the issue of subject matter jurisdiction, this Court provides only a summary of the relevant facts.

The First Amended Complaint [91] names the involved parties.² The Plaintiff Protect Our Parks, Inc. (Parks) is a nonprofit park advocacy organization dedicated to preserving, protecting, and improving Chicago's parks and forest preserves. [91] ¶ 18. Plaintiff Charlotte Adelman is a resident of Wilmette, Illinois. Id. ¶ 20. Plaintiffs Maria Valencia and Jeremiah Jurevis are residents of the City of Chicago. Id. ¶¶ 21-22.³ Defendant Chicago Park District (Park District) is "a body politic and corporate" entity established by the Chicago Park District Act, 70 ILCS 1505/3. Id. ¶ 23. Defendant City of Chicago (City) is a body politic and municipal corporation. Id. ¶ 24.

In 1869, the Illinois General Assembly passed "An Act to Provide for the Location and Maintenance of a Park for the Towns of South Chicago, Hyde Park and Lake." Id. ¶ 27. The statute provided for the formation of a board of public park commissioners to be known as the "South Park Commissioners." Id. The Act authorized these commissioners to select certain lands, which, when acquired by said Commissioners "shall be held, managed and controlled by them and their successors, as a public park, for the recreation, health and benefit of the public, and free to all persons forever." Id. Pursuant to this authority, the commissioners acquired the land now known as Jackson Park. Id. The Illinois Legislature enacted the Park District Consolidation Act in 1934, which consolidated the existing park districts, including the South Park District, into the Chicago Park District. Id. ¶ 28; 70 ILCS 1505/1. The Park District therefore holds Jackson Park in the public trust. [91] ¶ 29.

The Jackson Park site selected for the OPC lies on the western edge of Jackson Park and includes existing parkland bounded by South Stony Island Avenue on the west, North Midway Plaisance on the north, South Cornell Drive on the east, and East Hayes Drive on the south. [49-2] at 77196; [49-8] ("Report to the Planning Commission") at 2. In addition to the various structures that will comprise the OPC, the site will include new parkland created by vacating portions of streets adjacent to existing parkland. [49-2] at 77195, 77198; [91-4] ("Part Two: Character of the Proposal, VI. Narrative") at 3. In total, the site will comprise 19.3 acres. [91] ¶ 50.

In January 2015, Chicago Mayor Rahm Emanuel introduced an ordinance authorizing the transfer of the relevant land in Jackson Park to the City for use by the Obama Foundation (Foundation) to build and operate the OPC. Id. ¶ 111; [91-2]. The Chicago Plan Commission and Chicago City Council reviewed the matter, held public hearings, and subsequently approved this inter-governmental land transfer. [91] ¶¶ 13, 111. As part of its approval, the City Council passed an "Operating Ordinance" allowing the City to accept title to the Jackson Park site from the Park District and to enter into agreements governing the Foundation's use of the site. [49-6]. One of the agreements authorized by the Operating Ordinance—the Use Agreement—sets the terms by which the Foundation may use the Jackson Park site for the OPC. Id. (Exhibit D).

On May 14, 2018, Plaintiffs brought this action, seeking to enjoin an alleged "contrived collaboration" among Defendants to construct the OPC on a specific site within Jackson Park. [91] ¶ 1. In their six-count complaint, Plaintiffs assert: (1) a claim under 18 U.S.C. § 1983 for violation of due process (Count I); (2) an Illinois state law claim for breach of the public trust (Count II); (3) an Illinois state law ultra vires action claim (Count III); (4) an Illinois state law special legislation claim (Count V); and (5) a claim for violation of the First Amendment to the U.S. Constitution (Count VI). [1]; [91]. The complaint also seeks declaratory judgment as to the Illinois Museum Act's applicability to the OPC (Count IV). Id.

On November 21, 2018, Defendants moved, pursuant to Federal Rule of Civil Procedure 12(b)(1), to dismiss the complaint for lack of subject matter jurisdiction; in the alternative, Defendants moved for judgment on the pleadings pursuant to Rule 12(c).⁴ [48]. Various parties then filed amicus briefs for and against the motion to dismiss.

This Court's standing order regarding motions to dismiss states, in relevant part:

When a motion to dismiss is filed, the non-moving party has a right to amend its pleading once within 21 days. Fed. R. Civ. P. 15(a)(1)(B). If the non-moving party elects not to amend its pleading to address the purported deficiencies raised by the motion (or seek leave to amend its pleading again), then the motion to dismiss will proceed in its normal course and, if the moving party prevails, the Court may dismiss the case with prejudice and not provide further opportunity to amend the pleading absent extraordinary circumstances.

At the parties' motion hearing on November 29, 2018, [64], this Court asked Plaintiffs if, in light of the standing order, they planned to amend their complaint or file a response to the motion to dismiss. In response, Plaintiffs declined the opportunity to amend, stating: "No. We're going to file a response, your Honor." Id. The parties and this Court, relying upon Plaintiffs' decision not to amend, set a briefing schedule for the motion to dismiss. Id. Plaintiffs filed their response memorandum, [65-1] on January 11, 2019, and Defendants filed their reply memorandum, [82], on February 1, 2019.

As to Defendants' 12(b)(1) motion to dismiss, this Court now grants in part and denies in part the motion for the reasons set forth below.

II. Legal Standard

Like Rule 12(b)(6), Rule 12(b)(1) requires this Court to construe Plaintiffs' complaint in the light most favorable to Plaintiffs, accept as true all well-pleaded facts, and draw reasonable inferences in their favor. Yeftich v. Navistar, Inc. , 722 F.3d 911, 915 (7th Cir. 2013) ; Long v. Shorebank Dev. Corp. , 182 F.3d 548, 554 (7th Cir. 1999). Statements of law, however, need not be accepted as true. Yeftich , 722 F.3d at 915.

Defendants' Rule 12(b)(1) motion is a facial challenge, as opposed to a factual challenge, to subject matter jurisdiction. [48] ¶ 2; [65-1] at 1; see also Apex Digital, Inc. v. Sears, Roebuck & Co. , 572 F.3d 440, 443 (7th Cir. 2009). Unlike factual challenges, facial challenges "require only that the court look to the complaint and see if the plaintiff has sufficiently alleged a basis of subject matter jurisdiction." Apex , 572 F.3d at 443. And in doing so, this Court may consider not just the "allegations set forth in the complaint itself," but also documents that are attached to the complaint, documents that are central to the complaint and are referred to in it, and information that is properly subject to judicial notice." Williamson v. Curran , 714 F.3d 432, 436 (7th Cir. 2013).

III. Analysis

Defendants' 12(b)(1) motion to dismiss argues that: (1) Plaintiffs lack Article III standing to bring their Due Process Clause and First Amendment claims; and (2) Plaintiffs' First Amendment claim is unripe. [49-1] at 12.

Article III of the Constitution limits "federal judicial power to certain ‘cases’ and ‘controversies.’ " Silha v. ACT, Inc. , 807 F.3d 169, 172–73 (7th Cir. 2015) (quoting Lujan v. Defs. of Wildlife , 504 U.S. 555, 559–60, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992) ). This case-or-controversy limitation "requires a claim that is ripe and a plaintiff who has standing." Ind. Right to Life, Inc. v. Shepard , 507 F.3d 545, 549 (7th Cir. 2...