The City of Chicago is seeking to remove to federal court the rooftop owners lawsuit against the approval of the Cubs renovation plans. The city's attorneys cite the rooftop owners complaints of constitutional and due process issues.
However, the basis of the action is administrative review of the landmark and city council's actions, which is based upon state law. Federal courts hear only cases that involve federal laws and federal constitutional questions. State courts have concurrent jurisdiction to hear matters that include due process and equal protection claims, under both federal and state constitutions.
The probable reason the city is trying to move the case to the federal court is to delay a decision. State court judges are assigned cases to their individual calendars, and in some respects can make decisions quicker than other court calendars. Federal court judges have individual calendars, but there is standing rule that criminal matters, such as hearings and trials, take precedent over civil matters.
The federal court can conclude it has not compelling reason to keep the case, and send it back to the state court. This procedure does afford the city more time and delay any decision on the merits.
Meanwhile, the delay gives the Cubs a running start on breaking ground on the bleacher expansion and the installation of the seven new outfield signs.
