STATE OF ILLINOIS, Plaintiff-Appellant,
v.
CITY OF CHICAGO, Illinois, and City of Gary, Indiana, Defendants-Appellees.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued September 17, 1997.
Decided February 19, 1998.
Attorney(s) appearing for the Case
Roger Flahaven, Office of the Attorney General, Mary E. Welsh (argued), Office of the Attorney General, Civil Appeals Division, James R. Carroll, Quinlan & Crisham, Chicago, IL, for Plaintiffs-Appellants.
Earl L. Neal, Neal & Associates, Lawrence Rosenthal (argued), Benna Solomon, Susan S. Sher, Michael A. Forti, Thomas J. Bamonte, Office of the Corporation Counsel, Appeals Division, Gail A. Niemann, Office of the Corporation Counsel, Litigation Division, Chicago, IL, for City of Chicago.
Darnail Lyles, Meyer, Lyles & Godshalk, Earl L. Neal, Susan S. Sher, Michael A. Forti, Gail A. Niemann, Corinth Bishop, East Chicago, IL, for City of Gary.
Nana Quay-Smith, Karl L. Mulvaney, D. William Moreau, Jr. (argued), Bingham, Summers, Welsh & Spilman, Indianapolis, IN, George F. Fitzpatrick, Jr., Kaaren A. Kunze, Swanson, Martin & Bell, Chicago, IL, for State of Indiana.
Michael V. Casey (argued), Martin H. Redish, John M. Blim, Holleb & Coff, Chicago, IL, for Chicago-Gary Regional Airport Authority.
D. William Moreau, Jr., Daniel T. Hackman, Bingham, Summers, Welsh & Spilman, Indianapolis, IN, George F. Fitzpatrick, Jr., Swanson, Martin & Bell, Chicago, IL, for Frank O'Bannon.
Before COFFEY, EASTERBROOK and RIPPLE, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
EASTERBROOK, Circuit Judge.
Since 1959 states have had standing permission to join forces with their neighbors to establish regional airports. An exercise of power under the Compact Clause (Art. I § 10 cl. 3), the statute reads: "Congress consents to a State making an agreement, not in conflict with a law of the United States, with another State to develop or operate an airport facility." 49 U.S.C. § 40121, formerly codified as 49 U.S.C. § 44502(e)...
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