May 13--After referring to the Lucas Museum as a "elephantine project" on the opening page of its filing late Wednesday in federal appeals court, Friends of the Parks threw up a new roadblock three pages later, underscoring a determined fight against the lakefront development.
The group "could -- and would -- proceed to bring the state claims in state court" even if the appeals court rules in favor of the city, Friends of the Parks' lawyer, Thomas Geoghegan, wrote in response to the city of Chicago's emergency motion. "To start over in state court would of course significantly delay resolution. In other words, it would not remedy the claimed harm."
The filing in the 7th U.S. Circuit Court of Appeals came a week after the city pursued an unusual legal maneuver known as a writ of mandamus, which asks a higher court to circumvent the normal appeals process and undo a ruling by a lower court.
The city's lawyers are seeking a swift ruling from an appeals court panel to end the district court process. With "Star Wars" creator George Lucas' team expressing frustration at the legal holdup in Chicago, city officials are worried the museum project may head elsewhere.
But Friends of the Parks, whose 2014 lawsuit is the last remaining blockade to the original proposal for the museum on Chicago Park District land south of Soldier Field, argued in its filing the city's maneuver has "no merit" and asked the appeals court to dismiss the motion.
"Plaintiffs are entitled to their day in court -- a final decision on the merits -- and but for the delaying tactics of Defendants, they would have had it by now," the filing states.
Friends of the Parks says the city's plans to build the Lucas Museum do not constitute a public emergency and states there is no reason why the city and Lucas cannot wait for a ruling in district court.
"Defendants have failed to show that they cannot obtain the relief they desire by proceeding in the district court, which has set the deadline for dispositive motions for August of this year."
City attorneys last week filed a petition arguing the district court lawsuit should be tossed out. In that brief, the city said a federal court should not be allowed "to meddle in a sensitive land-use issue."
"To allow it to do so when it might cause the city of Chicago and the state of Illinois to lose this museum would be devastating," the city filing states.
The next steps in the appeals process or a decision date from the panel were unclear Thursday.
Lucas wants to build a museum housing a collection of his digital, traditional and narrative artworks and showcasing film creation at a site along the city's lakefront. The museum has gained approval from City Hall and the City Council.
A spokeswoman for the Lucas Museum said Thursday that representatives did not have a comment on the legal developments. A city Law Department spokesman also had no comment.
