(Download) "Illinois v. City of Chicago" by United States Court of Appeals for the District of Columbia Circuit. # Book PDF Kindle ePub Free
eBook details
- Title: Illinois v. City of Chicago
- Author : United States Court of Appeals for the District of Columbia Circuit.
- Release Date : January 19, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Since 1959 states have had standing permission to join forces with their neighbors to establish regional airports. An exercise of power under the Compact Clause (Art. I sec.10 cl. 3), the statute reads: "Congress consents to a State making an agreement, not in conflict with a law of the United States, with another State to develop or operate an airport facility." 49 U.S.C. sec.40121, formerly codified as 49 U.S.C. sec.44502(e) (1994). In 1963 Illinois delegated its power under this statute to its "governmental units", including cities, provided that the other states to be involved in the regional authority had "reciprocal authorizing legislation". Interstate Airport Authorities Act (IAAA), 70 ILCS 10/1 to 10/7. In 1980 Indiana enacted such a reciprocal law. Ind. Code sec.8-22-4-1. In 1995 the Cities of Chicago, Illinois, and Gary, Indiana, created a regional airport authority with jurisdiction over OHare International Airport, Midway Airport, and Meigs Field (all in Chicago), Gary Regional Airport, and any new airport to be developed by the authority. Indiana has welcomed this development; Illinois has not. Instead of repealing the 1963 delegation, enacting other legislation to curtail Chicagos home-rule powers, or substituting itself for the City as the party to the agreement, Illinois has undertaken a campaign of litigation. Its suit contesting the use at the Gary Regional Airport of funds raised from passengers emplaning at OHare was dismissed for want of standing. Illinois Department of Transportation v. Hinson, 122 F.3d 370 (7th Cir. 1997). A suit contesting the decision to close Meigs Field failed on the merits, Aircraft Owners & Pilots Assn v. Hinson, 102 F.3d 1421 (7th Cir. 1996), although a political compromise has kept that downtown airport open for now. And the current suit, seeking a declaratory judgment dissolving the regional authority as an "assault on state sovereignty", likewise was dismissed for want of standing--and on the merits too. 942 F. Supp. 366 (N.D. Ill. 1996).
 "Illinois v. City of Chicago" by United States Court of Appeals for the District of Columbia Circuit. # Book PDF Kindle ePub Free){kind=link}