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ARGUED SEPTEMBER 10,2009

Before MANION, SYKES, and TINDER,Circuit Judges.

Chapman Kelley is a nationally recognized artist known for his representational paintings of landscapes and flowers-in particular, romantic floral and woodland interpretations set within ellipses. In 1984 he received permission from the Chicago Park District to install an ambitious wildflower display at the north end of Grant Park, a prominent public space in the heart of downtown Chicago. “Wild-flower Works” was thereafter planted: two enormous elliptical flower beds, each nearly as big as a football field, featuring a variety of native wildflowers and edged with borders of gravel and steel.

 
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