ANN regrets to report that two critical battles over the future of Meigs Field have just taken a bad turn.

It almost seemed to be going too well in the fight to reverse the fortunes of embattled Meigs Field... at least until Friday afternoon. That's when the legal holding action that challenged Daley's authority to destroy the airport collapsed with the ruling by Judge William Maki, that vacated the temporary restraining order that kept Daley's wrecking crew from finishing their surreptitious destruction of one of the nation's most valuable GA reliever airports.

At this point, there is nothing to keep Daley from ordering the bulldozers out to finish the job they started nearly two months ago.

The order is seen as a virtual death knell for the amazing efforts of the "Friends of Meigs," AOPA, EAA and so many others who poured their hearts and souls into saving this airport. FoM President Rachel Goodstein claims that her organization will file an appeal right away and is actively involved in seeking new avenues to attack the imminent destruction of their airport.

AOPA Gave It A Heckuva Try...

AOPA tried to ride to the rescue as well. They sought a restraining order from Federal Court and were also turned away... making this a doubly deadly day for the Meigs battle. Maki's ruling, issued late Friday, claims that Northerly Island (where Meigs is based), was "always intended to be a public park." FoM President disputes that and claims that as early as 1916 there had been documented plans to build an airport on that same strip of land.

Speaking to the Chicago media Friday, Goodstein complained that, “Frankly, I don’t know that the judge was aware of all of the facts we found in our research... We were in very early stages of the lawsuit, and there was never a point where a lot of our evidence could be presented.”

AOPA Sez... Week Closes With "Ups" And "Downs" In Meigs Battle

AOPA released the following statement in light of the defeats suffered Friday...

Following on the heels of AOPA's highly publicized press conference yesterday proposing a "buy-out" plan to save Meigs Field, there were two major legal setbacks for the scarred airport today. First, a state court dismissed a lawsuit against the city of Chicago by the Friends of Meigs. That dismissal also removed a temporary restraining order (TRO) prohibiting the city from further damaging the airport.

As soon as that decision was issued, in a pre-planned move AOPA attorneys marched into federal court seeking a TRO in its case against the city. That suit involved violations of federal aviation regulations. But federal judge James Moran noted that FAA had had AOPA's complaint for 53 days and had not done anything to reopen the airport, nor was it likely to. He denied issuing a TRO.

"We knew from the beginning that the legal actions had only a limited chance of succeeding," said AOPA President Phil Boyer, "but AOPA members across the nation have made it very clear that no measure should be spared to save this iconic airport.

"While the court loses today have dampened our legal challenges, some extraordinary positive things continue to come from our other efforts."

AOPA is still winning the "public relations" battle. The Chicago media have given great coverage to the AOPA plan, including stories in the major Chicago newspapers, all TV stations and a long write-up in the influential business publication, "Crain's Chicago Business."

"Our plan to save Meigs and help improve the city's parks is still in play if the citizen's of Chicago can convince Mayor Daley to listen and embrace a sensible solution that benefits everyone," said Boyer.

"But even more importantly, AOPA and our members have sent a clear message across the nation: our community airports are important, and we will fight to keep them," Boyer continued. "Grandstanding politicians be forewarned."

AOPA capitalized on Congressional outrage over Daley's (right) actions to lobby for legislation that would severely punish any Daley wannabe who unilaterally destroys an airport. Known informally as the "Meigs Legacy Amendment," the amendment (which is part of the FAA reauthorization bill now moving through the House) would require a 30-day advance notice to FAA before closing an airport. And any agency that doesn't comply with that law could be fined $10,000 for each day that an airport remains closed without having given the required notice.

"In the long term, regardless of what happens to Chicago's lakefront airport, pilots will have gained substantial new tools to protect other airports," Boyer said.

EAA: Future Of Meigs "Cloudier"

EAA's take on the matter is presented as follows...     
The Friends of Meigs Field (FoM) lost a round in Cook County (Ill.) Circuit Court on Friday when the temporary restraining order against the City of Chicago was removed by Judge William Maki. Judge Maki also dismissed two other counts against the city. Removal of the temporary restraining order allows for the possibility of further destruction of the historic lakefront airport property.
Although FOM Founder Steve Whitney was very disappointed by the judge's ruling, he is still optimistic for a satisfying resolution. "Even though we lost on all counts today," Whitney said. "FOM's lawyers are preparing a case for the Appeals Court that may possibly be presented as early as this (Friday) afternoon."

Whitney's immediate concern is that Meigs is at least temporarily unprotected from further destruction by the city, especially over the three-day holiday weekend. Initially, the hearing on the restraining order was scheduled for May 16; however, Judge Maki refused to rule on the motions until today. The temporary order was granted in early April after the city bulldozed portions of Meigs' runway in a midnight action designed to outmaneuver possible objections.

As lawyers prepare for an appeal, FOM supporters continue to pursue state legislation regarding the Chicago O'Hare expansion (Senate Bill 802), which currently does not include any plan to keep Meigs open. FOM asks supporters, especially those in Illinois, to contact legislators and tell them to vote "No" on the bill unless provisions for Meigs are added.

Poberezny: "Extreme Disappointment"

We caught Tom Poberezny in his office as the news was sinking in, and it was obvious that EAA's disappointment is profound. "I can't help but express anything but extreme disappointment in the Judge's position... I'm not going to say it was a shock, but it is a disappointment. I am truly shocked that Daley is continuing to use the threat of terrorism and other excuses to achieve his aims."

Poberezny continued, "I hate to keep using the same words -- disappointment and shock -- but they are the only ones that fit. This effort has been one series of disappointments after another, and presents a tragic loss for aviation and the Friends of Meigs (who are) a dedicated group of people who fought so hard to save an important airport and to do the RIGHT THING. It's a shame for all when those doing 'the right thing' don't always win."

ANN is currently working several other aspects of this story and we advise readers to check back here shortly for an update.

FMI: www.friendsofmeigs.org, www.aopa.org, www.eaa.org, www.faa.gov, www.ci.chi.il.us/Mayor