ELR Citation: ELR 20172
No(s). 43240 (Ill. Sep 29, 1970)

Chicago residents and taxpayers have standing to challenge the Chicago Park District's decision to use parklands held in the public trust as sites for public schools and recreation facilities. The Public Building Commission Act, two amendments to the School Code and an amendment to the Park District Act reveal that the legislature employed sufficiently broad, comprehensive and definite terms to authorize such uses. Administrative diversions of public trust interests are more likely to be upheld where (1) public bodies continue to control the use of the diverted area (2) the area remains devoted to public purposes and open to the public, (3) the reduction in size of the original area caused by the diversion is small relative to its total size (4) no public uses of the original area are impaired (5) the disappointment of those wanting to use the area of new use for former purposes is negligible when compared to the greater convenience afforded users of the new facility.

Counsel for Plaintiffs:
Calvin Layer
Richard L. Wexler
105 W. Madison
Chicago, IL
(312) 372-5815

Counsel for Defendants:
Richard L. Curry
Corporation Counsel
City Hall
Chicago, IL
(312) 744-4000