Village of Bensenville v. City of Chicago
Appellate Court of Illinois
1Opinion of the CourtJustice Hallett
The four plaintiff and intervenor municipalities appeal from the dismissal of their suit to enjoin the City of Chicago from expanding its airport facilities at O’Hare in such a manner as to intensify the existing noise and air pollution caused by and arising out of its operation of said airport.
Although many issues are raised and argued at length (such as whether the complaint states a cause of action, whether a court of equity has jurisdiction to enjoin a city’s operation of an airport where such operation is legal and not negligent, whether the municipalities must first exhaust their…
2Cases cited7 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- United States v. CausbySupreme Court of the United States · 1946
- Huron Portland Cement Co. v. City of DetroitSupreme Court of the United States · 1960
- City of Burbank v. Lockheed Air Terminal, Inc.Supreme Court of the United States · 1973
- Griggs v. Allegheny CountySupreme Court of the United States · 1962
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3Cited by15 opinions
- Lawrence C. Bieneman v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1988
- San Diego Unified Port District, and Air Transport Association of America, Intervening v. Adriana GianturcoCourt of Appeals for the Ninth Circuit · 1981
- Praznik v. Sport Aero, Inc.Appellate Court of Illinois · 1976
- Wright v. County of WinnebagoAppellate Court of Illinois · 1979
- Marshall v. Consumers Power Co.Michigan Court of Appeals · 1975
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