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Originally Posted by Via Chicago
isnt obama a different legal challenge tho? thought the primary thing with Lucas was the east of LSD issue
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There is no magical status to the land east of LSD. Pretty much all the lakefront parkland including Jackson Park is reclaimed land from Lake Michigan that is subject to public trust doctrine. This applies equally to both Lucas and Obama sites. All of it subject to Lakefront Protection Ordinance as well regardless of what side of LSD you're on.
It's hard to argue that a museum is not a public purpose, which is why the Obama lawsuits kept getting tossed. Lucas was slightly different in that it was basically a vanity project for a billionaire, but I think it too would have passed the public trust doctrine test in court so long as Lucas was willing to agree to basic operating rules to ensure that the museum served the public (free student admission, free days, etc).
There IS a magical status to Grant Park due to the Montgomery Ward decisions, there is a legal precedent for a ban on buildings between Randolph and 11th St. But that's been stretched too, the Art Institute always had a carveout, plenty of below-grade structures exist in the park and things like Petrillo Bandshell etc.