from this Court that § 21-69.1 is unconstitutional, arguing that it violates the Establishment and Equal Protection Clauses of the Federal and Illinois Constitutions, and that it unlawfully delegates legislative power to religious organizations in violation of the Illinois Constitution.
a. Original Complaint Dismissed
We dismissed the original complaint for lack of standing because it failed to allege a sufficient "actual or threatened injury." A "plaintiff who challenges a statute must demonstrate a realistic danger of sustaining a direct injury as a result of the statute's operation or enforcement." Pennell v. City of San Jose, 485 U.S. 1, 8, 108 S. Ct. 849, 855, 99 L. Ed. 2d 1 (1988) (quoting Babbitt v. Farm Workers, 442 U.S. 289, 298, 99 S. Ct. 2301, 2308, 60 L. Ed. 2d 895 (1979)). The threat of direct injury must be "both real and immediate, not conjectural or hypothetical." City of Los Angeles v. Lyons, 461 U.S. 95, 103, 103 S. Ct. 1660, 1665, 75 L. Ed. 2d 675 (1983) (quotations omitted). In their original complaint, the plaintiffs did not allege any facts which suggested that there was any danger that church officials would alter or demolish St. Mary's. The plaintiffs simply alleged that, due to the effect of § 21-69.1, there was nothing to prevent church officials from doing so. Accordingly, we dismissed the complaint holding that it demonstrated no more than a " possibility St. Mary's will someday be altered in an injurious way," and did not, therefore, allege "the 'real and immediate' threat of injury necessary to confer standing under Article III." Alger, at 621, [slip op.] at 7.
b. Amended Complaint
Having realized the shortcomings of their original complaint, the plaintiffs seek to file an Amended Complaint that sets forth a number of additional facts that they contend demonstrate the danger of St. Mary's ultimate demolition is significantly greater than a mere abstract "possibility." According to the Amended Complaint, St. Mary's was closed in January of 1988 because of "safety reasons due to structural concerns," and it remains closed today. In the letter that Cardinal Bernardin sent refusing consent, he stated that, although the "Archdiocese and members of the parish of St. Mary of the Angels have been working towards a solution of this problem, and some monies have been raised for the purpose of making the church building safe for occupancy, . . . there is no way of presently predicting the success of the money raising efforts." Consequently, he stated, although he "personally prayed for the renovation of the church building," he could not give his consent to landmark designation.
In late January 1990, the Archdiocese was offered over $ 1 million in donations from parishioners, neighbors, and other "restoration supporters" to complete the needed repairs, which it refused to accept stating that it was $ 150,000 less than the necessary amount. Soon thereafter, it was offered a $ 150,000 guarantee to make up the difference, which it also refused.
Later, in a letter dated February 2, 1990 to Reverend Edwin Lapinski, St. Mary's pastor, Cardinal Bernardin stated that
. . . the issue is not that of St. Mary of the Angels Parish, which will continue to serve the people of the community in the great tradition of the Resurrectionist Fathers; it is rather the question of the future of the church building of St. Mary of the Angels. I said in my May 4 letter that if the necessary funds were not received, then difficult decisions would have to be made. I am prepared to make such decisions, within the next few months.