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The Lake Shore Campus lakefront as it is today, prominently featuring the Richard J. Klarchek Information Commons and the Crown Center


Governor James Thompson signed a bill ap- proving the sale of 30 acres of Lake Michigan’s bottom to Loyola. Over the course of the next few years, the Chicago Park District Board, Chicago City Council, Chicago Plan Commis- sion, and Illinois Department of Transporta- tion all approved the landfill plan. Finally, in April 1990, after many compromises were reached and expensive tests conducted, the U.S. Army Corps of Engineers gave the project the green light. Loyola ordered fill and made construction plans. But it was not to be. On May 16, the Lake


Michigan Federation, a private, non-profit environmental group, filed a federal lawsuit arguing that the Army Corps of Engineers had not thoroughly investigated the environ- mental impact of the landfill. They sought a


temporary restraining order so more testing could be completed. While fighting the law- suit, Loyola continued with its construction plans, feeling that it had already sufficiently addressed any environmental concerns. With fill-loaded barges on the way, U.S. Dis-


trict Judge Marvin Aspen issued an order that surprised everyone: a permanent restraining order on the landfill. He deemed the sale of the lake bottom to Loyola by the state legisla- ture, two years prior, to have been a violation of the public trust doctrine, citing an 1892 case which held that the state did not have the authority to sell the public land under the lake to a private entity (Loyola). In the face of public dismay at the ruling,


especially the Rogers Park community, Judge Aspen publicly encouraged Loyola to appeal


his ruling. But, facing down a project that had already run up costs, and seeing no clear light at the end of a long legal tunnel, Loyola’s president, Raymond Baumhart, S.J., declared that Loyola would no longer pursue the proj- ect. “We found ourselves running a marathon where the requirements changed, the length of the race became indeterminate, and those capable of erecting obstacles multiplied,” he explained. Despite the tireless work that went into the


project, the landfill effort ended in disap- pointment. Fortunately, it’s hard to feel any- thing but proud of recent campus progress. As we mark 20 years since the cancellation of the landfill project, it’s a good reminder that even if you lose a few of the battles, you can still win the war.


SUMMER 2010 43


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