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Post by EagleDad on Nov 8, 2006 7:02:59 GMT -6
BC- your too fun to play with. WVHSParent gets public info from the courthouse, also. I guess that makes him M2 and me Bradshaw because I am too short to be Glawe. Of course your not Glawe, I'm Glawe. Oh wait, was it proschool's turn to be Glawe this week? I lost my copy of the secret schedule. bc, thanks for the laugh, you're a gas. |
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Post by warriorpride on Nov 8, 2006 8:04:51 GMT -6
Just to make sure I understand this hearing, I'm not trying to oversimplify this, but are the possible outcomes:
1) The SD is allowed to purchase the 55 acres at a price near what they offered.
2) The SD is allowed to purchase the 55 acres at a price near what BB is asking for.
3) The SD is not allowed to purchase the 55 acres at all.
I understand that the purchase price could also end up anywhere in between 1) and 2). Any other possible outcomes?
And is BB arguing for 2) or 3)? It seems like 3), but if they got 2) wouldn't they be satisfied, too?
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Post by proschool on Nov 8, 2006 20:57:04 GMT -6
Why can't the jury come up with a price that is less than the the school district offered?
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Post by warriorpride on Nov 8, 2006 21:23:21 GMT -6
Why can't the jury come up with a price that is less than the the school district offered? I don't think that anyone other than the BB lawyers would complain about that outcome, but I don't think that anyone expects that to be a likely outcome. I found a nice summary on condemnations: www.expertlaw.com/library/real_estate/eminent_domain.htmlThe one thing in the explanation that concerns me is the part that says "If the government is not successful, or if the property owner is not satisfied with the outcome, either side may appeal the decision." So, even if the outcome is somewhat favorable for the SD (i.e. the judge/jury decides that the SD should be allowed to purchase the land at a price near what the SD is offering), it sounds like BB can appeal and drag this on even longer. |
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Post by wvhsparent on Nov 8, 2006 21:38:25 GMT -6
Also we are not SB because if we were all this communicating would be violating the open meetings act.
We have asked the SB members to participate...Most have declined.....The Only one I remember who did post (Rodman), did so badly with a real bad attitude towards Topher.
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Post by chicoryowl on Nov 8, 2006 22:28:00 GMT -6
Just to make sure I understand this hearing, I'm not trying to oversimplify this, but are the possible outcomes: 1) The SD is allowed to purchase the 55 acres at a price near what they offered. 2) The SD is allowed to purchase the 55 acres at a price near what BB is asking for. 3) The SD is not allowed to purchase the 55 acres at all. I understand that the purchase price could also end up anywhere in between 1) and 2). Any other possible outcomes? And is BB arguing for 2) or 3)? It seems like 3), but if they got 2) wouldn't they be satisfied, too? I believe that the hearing currently underway is a traverse hearing which essentially is a hearing filed by the BB attorneys to dismiss the motion on the grounds that the district didn't negotiate for the parcel in good faith before filing the condemnation lawsuit. Assuming that the SD prevails, they'll move forward with the condemnation suit. Feel free to correct me if I'm wrong. In the meantime, I'll be in the School District sanctioned Batcave. Who says that JC and Batman can't be one and the same? Oops. I've typed too much. |
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Post by chicoryowl on Nov 9, 2006 12:19:50 GMT -6
Per Sun website:
Brodie Trust lawyers: 204 pushed out buyers
November 9, 2006
By Paige Winfield staff writer
Lawyers for the Hazel S. Brodie Trust said Wednesday that Indian Prairie School District 204 prevented them from selling the Brach Brodie property for $420,000 per acre or more by filing a condemnation lawsuit to acquire 55 acres of the land.
The trust attorneys launched their defense after lawyers for District 204 presented their case to Judge Robert Kilander on Monday and Tuesday in DuPage County court.
Brodie Trust attorney Steve Helm questioned Nicholas Wilder, a partner of Waveland Partners, a real estate consulting and development firm. Wilder has been involved with the Brach Brodie property since 2000, assessing the land and fielding offers from potential buyers.
Helm said before the School District filed the lawsuit, the trust had received competitive offers from Gladstone Builders and Developers and from Cambridge Homes. Wilder added that the two developers also were willing to increase their offers.
But by filing the condemnation lawsuit, the district halted serious negotiations between Brodie Trust attorneys and the residential developers, Helm said.
Of the property's 101 acres along 75th Street and Commons Drive in Aurora, the district offered to buy 55 acres for $257,500 per acre in November 2005. While the district already owns 25 adjacent acres, it is seeking additional land on which to construct a third high school after a $124.6 million referendum measure to fund the purchase was approved by voters in April.
When lawyers for the Brodie trust failed to make a counteroffer, the district filed a condemnation lawsuit in late 2005. In response, Brodie Trust attorneys filed a motion to dismiss the lawsuit, arguing the district did not negotiate in good faith before filing the lawsuit and is not offering fair market value.
The school board also has asked the state Legislature to grant the district "quick take" powers, so it can move ahead with construction on the land while a jury determines the price per acre. The board won't learn whether it has been granted the powers until December at the earliest.
Testimony is expected to conclude today.
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Post by EagleDad on Nov 9, 2006 12:59:32 GMT -6
Interesting...if those 420K offers were made, they should be in writing, right?
OK BB, cough them up.
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Post by wvhsparent on Nov 9, 2006 14:43:07 GMT -6
****BREAKING NEWS******
11/9/06 2:30pm
Both sides have completed their closing arguments on the Traverse Hearing.
The Judge has indicated he will present his ruling on Wed 11/15/06.
Both sides have until Mon noon to offer additional case law without argument.
So it seems the day of reckoning is fast approaching.
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Post by 204parent on Nov 9, 2006 15:40:04 GMT -6
Does anyone know the basis for this number?
The article doesn't mention the amount of the "competitive offers". It will be very interesting to see how much they actually offered.
They've been saying all along that they think the land is worth more money based upon the price of commercial land in the area, but the offers they allegedly received were from RESIDENTIAL developers! That makes sense since the land is zoned residential, not commercial.
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Post by wvhsparent on Nov 9, 2006 15:58:06 GMT -6
I was not able to attend the whole time the hearings were going on due to work, But I wonder if they did tender any viable offers from those developers...if so that might spell trouble. I personally asked M2 if $420k/acre was doable....he told me that they did budget for a bit over 257k but that 420k would be too much.
Let's all wait til Wed to see what happens next. IMHO if they were smart (and I sometimes wonder on that) they shoudl still have feelers out to the next best sites...just in case......
They won't though because Howie said we will win!
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Post by blankcheck on Nov 9, 2006 16:06:37 GMT -6
What purpose would it serve for the lawyers for BB to lie about higher offers-especially from a developer like Cambridge homes? Remember, they are under oath as well and to lie about offers like that would certainly hurt their case.
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Post by Arch on Nov 9, 2006 16:42:09 GMT -6
Since this is a 'well connected' city/county I wonder if any high offer was made at the time to attempt to boost the price for condemnation...much like a friend makes sure to up-bid the price of an item at auction only to eventually be defeated while ensuring someone doesn't pay too little.
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Post by wvhsparent on Nov 9, 2006 16:46:57 GMT -6
Prior to court....during the negotiations...(In the press) they were exaggerating their offers in hopes of garnering a higher offer from the SD. It did not work, but now in Court, if they expect the judge to consider higher offers, they will have to produce them.....IMHO if they did produce them (Higher offers) I would be worried.
BTW the SD is on record stating that if they did not build a school on the site, more homes would be built, adding to the student population, as it was zoned for residential.
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Post by wvhsparent on Nov 9, 2006 16:49:17 GMT -6
Since this is a 'well connected' city/county I wonder if any high offer was made at the time to attempt to boost the price for condemnation...much like a friend makes sure to up-bid the price of an item at auction only to eventually be defeated while ensuring someone doesn't pay too little. Well it certainly was not a secret that the SD wanted the whole 80 acres...they have only been trying to get it for the past several years. |
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