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  #801  
Old Posted Feb 18, 2016, 3:28 AM
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Originally Posted by sentinel View Post
But it's a finite lease to a non-for profit foundation
Both parts are addressed in the Feb. 4 order:
"It is well established that lessees for years holding under a valid lease have such an interest in real property as to be classified as owners in the constitutional sense... . Dep't of Pub. Works & Buildings v. Metro. Life Ins. Co., 192 N.E.2d at 610. In Pierce v. Pierce, 23 N.E.2d 511 (Ill. 1954), the Illinois Supreme Court held that a 99-year lease may be the subject of a partition. Pierce, 123 N.E.2d at 511. These cases stand for the proposition that a long-term lease may convey an interest in real property.

Defendants argue that the public-trust doctrine is only implicated when public-trust property is "completely conveyed... . But in Illinois Central Railroad, the Supreme Court spoke in broader terms of control: "The trust devolving upon the state for the public, and which can only be discharged by the management and control of property in which the public has an interest, cannot be relinquished by a transfer of the property. Illinois Cent. R. Co., 146 U.S. at 453

Defendants also argue that the LMNA will primarily benefit the public and not a private interest. Plaintiffs have sufficiently pled that the proposed Museum is not for the benefit of the public but will impair public interest in the land and benefit the LMNA and promote private and/or commercial interests. (emphasis added)
     
     
  #802  
Old Posted Feb 18, 2016, 3:52 AM
cyked3 cyked3 is offline
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Originally Posted by Mr Downtown View Post
Both parts are addressed in the Feb. 4 order:
. . .
Defendants also argue that the LMNA will primarily benefit the public and not a private interest. Plaintiffs have sufficiently pled that the proposed Museum is not for the benefit of the public but will impair public interest in the land and benefit the LMNA and promote private and/or commercial interests. (emphasis added)
I assume you know this, Mr. Downtown, but those are not findings of fact by the court. When deciding a motion to dismiss, the court had to take the factual allegations alleged by FOTP and all reasonable inferences from those factual allegations as true. And the court cannot consider facts that are not alleged by FOTP. I am confident FOTP avoided alleging facts whenever possible that tend to show that the Lucas Museum WILL be in the public interest.

Beyond that, the judge overseeing this case is ancient and probably a big stick in the mud. I doubt FOTP will fair well at the Seventh Circuit if the judge decides to continue the injunction and that decision is appealed.
     
     
  #803  
Old Posted Feb 18, 2016, 5:16 AM
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Let's all take a second to re-familiarize ourselves with the uh, "park" these FOTP clowns are fighting so hard to save and what will undoubtably result in Lucas being run out of town and our chances at gaining a great museum and world-class piece of architecture killed.


trbimg.com

Ladies and gentlemen, your "park" in all its black top glory.



Fuck these FOTP idiots.
     
     
  #804  
Old Posted Feb 18, 2016, 5:46 AM
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Originally Posted by Tom Servo View Post
Let's all take a second to re-familiarize ourselves with the uh, "park" these FOTP clowns are fighting so hard to save and what will undoubtably result in Lucas being run out of town and our chances at gaining a great museum and world-class piece of architecture killed.


trbimg.com

Ladies and gentlemen, your "park" in all its black top glory.



Fuck these FOTP idiots.
This is one of those rare moments where i agree with you 100%
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  #805  
Old Posted Feb 18, 2016, 6:10 AM
LouisVanDerWright LouisVanDerWright is offline
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^^^ But look at those beautiful puddles, so natural. I bet the oil sheen on those suckers is incredible at sunset.
     
     
  #806  
Old Posted Feb 18, 2016, 6:36 AM
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Originally Posted by LouisVanDerWright View Post
^^^ But look at those beautiful puddles, so natural. I bet the oil sheen on those suckers is incredible at sunset.
So noble of that asphalt to keep the water pooled up above the surface like that – an important weatherproof hardscape for 5ks, circus tents, etc.
     
     
  #807  
Old Posted Feb 18, 2016, 1:09 PM
Wayward Memphian Wayward Memphian is offline
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Originally Posted by Via Chicago View Post
seeing as this is his second go-round and he should know better by now.
.
Yeah, he should have know better than to try and build something in San Fran and Chicago to begin with.
     
     
  #808  
Old Posted Feb 18, 2016, 1:44 PM
the urban politician the urban politician is offline
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Originally Posted by ithakas View Post
So noble of that asphalt to keep the water pooled up above the surface like that – an important weatherproof hardscape for 5ks, circus tents, etc.
Circus tents! Circus tents!

Priceless. I love it, Mr. D
     
     
  #809  
Old Posted Feb 18, 2016, 2:40 PM
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Hey, that park[ing lot] has 105 trees that would be lost. Won't anyone think of those trees?
     
     
  #810  
Old Posted Feb 18, 2016, 2:41 PM
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Originally Posted by Tom Servo View Post


Fuck these FOTP idiots.
Amen
     
     
  #811  
Old Posted Feb 18, 2016, 3:07 PM
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Originally Posted by BVictor1 View Post
This is one of those rare moments where i agree with you 100%
Ha! Took the words right out of my mouth.
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  #812  
Old Posted Feb 18, 2016, 3:36 PM
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What about the children!? Won't someone PLEASE think of the CHILDREN!?!?
     
     
  #813  
Old Posted Feb 18, 2016, 3:58 PM
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Originally Posted by Wayward Memphian View Post
Yeah, he should have know better than to try and build something in San Fran and Chicago to begin with.
or he could have purchased his own lot of land in either city and have the museum built already. but nah...
     
     
  #814  
Old Posted Feb 18, 2016, 4:06 PM
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Originally Posted by Via Chicago View Post
or he could have purchased his own lot of land in either city and have the museum built already. but nah...
How silly of him to think that the "Museum Campus" would be an appropriate place to put a museum.
     
     
  #815  
Old Posted Feb 18, 2016, 4:18 PM
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or he could have purchased his own lot of land in either city and have the museum built already. but nah...
Oh, of course. When someone says they want to donate $1 billion to your city in the form of a cultural institution but would like it located near the other museums in the city, the best way to make them feel like it is a valued project is to tell them to go work it out for themselves because we're WAY too attached to a surface parking lot.

It also detracts from the reputation of Chicago that the opponents of this keep calling it a "Star Wars" museum as if their idea of a cultural institution was a hard rock cafe or planet hollywood.

The disingenuousness of FOTP and south loop NIMBYs has been deeply disappointing and has made the entire city look bad in a very public way.
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  #816  
Old Posted Feb 18, 2016, 4:38 PM
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hopefully they are being bombarded by negative calls and letters
     
     
  #817  
Old Posted Feb 18, 2016, 4:56 PM
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Originally Posted by XIII View Post
Oh, of course. When someone says they want to donate $1 billion to your city in the form of a cultural institution but would like it located near the other museums in the city, the best way to make them feel like it is a valued project is to tell them to go work it out for themselves because we're WAY too attached to a surface parking lot.
or, you can keep your ego in check, not take every disagreement as a personal all out war, and build it where you wont encounter legal challenges. or, keep proposing it in areas where legal challenges are not only likely but forseen. is he really THAT desperate for validation? is the MCA somehow a lesser institution because its in Streeterville?

honestly for a supposedly creative guy, im not seeing a whole lot of creativity or flexibility in his whole approach to this debacle.
     
     
  #818  
Old Posted Feb 18, 2016, 5:13 PM
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Originally Posted by Via Chicago View Post
or, you can keep your ego in check, not take every disagreement as a personal all out war, and build it where you wont encounter legal challenges. or, keep proposing it in areas where legal challenges are not only likely but forseen. is he really THAT desperate for validation? is the MCA somehow a lesser institution because its in Streeterville?

honestly for a supposedly creative guy, im not seeing a whole lot of creativity or flexibility in his whole approach to this debacle.
It's simple really. He picked the best place in the city for a museum, Museum Campus.

FOTP are a bunch of idiots. Fight the right battles that are not only good for the parks, but also Chicago. Talk about narrow vision and you are talking about FOTP!!!
     
     
  #819  
Old Posted Feb 18, 2016, 6:10 PM
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Originally Posted by F1 Tommy View Post
It's simple really. He picked the best place in the city for a museum, Museum Campus.

FOTP are a bunch of idiots. Fight the right battles that are not only good for the parks, but also Chicago. Talk about narrow vision and you are talking about FOTP!!!
Really - next time someone considers donating to the city of Chicago or participating in the cultural scene, this will make them think twice. Especially if it concerns the city parks. Unbelievably short sighted vision on this one.
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  #820  
Old Posted Feb 18, 2016, 6:19 PM
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Especially if it concerns the city parks.
as it should. theyre not land banks.
     
     
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