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Post by warriorpride on Nov 9, 2006 22:32:37 GMT -6
Does someone has access to the court transcripts? If so, can they be posted here?
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Post by chicoryowl on Nov 9, 2006 22:41:42 GMT -6
So eagledad, Bob is an attorney, are you saying that he lies as well? I'm going for the turkey here (3 posts in a row). [Edit: Warriorpride, you broke my string.] I'm not Eagledad, but supposedly I may be with him as one of the rotating secret board members. Before you try to turn this around to label Bob a liar, I think you'd be better served by doing some reading on our judicial system and the lawyer's role within it. Now I can't comment on whether Bob is a liar or not because the only thing I know about him is that he keeps changing his avatar and it's wigging me out. But I can tell you that I am sure, if Bob is a litigator, that he gathers and presents evidence that makes the strongest case for his argument. It is up to the judge or jury to decide whether his evidence and arguments (not his personal testimony) proves his case better than his opponents within the letter of the law. |
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Post by wvhsparent on Nov 9, 2006 22:46:50 GMT -6
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Post by doctorwho on Nov 9, 2006 23:00:29 GMT -6
Re: Hearing starts today « Reply #48 on Today at 5:51pm » -------------------------------------------------------------------------------- . If BB had a contract for $420,000 per acre they should have jumped on it. They knew that the scholl district was eyeing the property noone has gotten that much money for any similar properties around here. Someone refresh my memory, what did Lehigh Station go for per acre ? Wasn't it in the neighborhood of the $257 offer for BB ? Maybe just slightly higher. I believe the builder is Ryland Homes. Also just west of 59 and closer to train station. p.s. - I do find the allegations of some posters being school board members somewhat funny, since I know who many of the posters are here and also know most board members, and they are far from the same people -- as stated there would be issues with meeting violations - Most of the posters here have been so heavily involved in this for 2+ years now, we know where to go to get info and how to stay in touch. People spent 20+ hours a week ( over and above their real jobs) for a long time working on the referendum process and details and info research, and are very knowledgeable now about how things work...none of us will get fooled again..( to steal from the Who ). But if we're all just sock puppets for our real personages, let's make everyone a part of the SB. |
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Post by chicoryowl on Nov 9, 2006 23:12:09 GMT -6
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Post by doctorwho on Nov 9, 2006 23:34:25 GMT -6
Thanks Chicory, I was digging back through my old notes to find that reference...yet other builders willing to pay $420K per acre in same timeframe ? If there are in writing firm offers for that amount they need to be produced, not conjecture of what they think they could have gotten, as the hard sale for similar property, same time frame is an available reference point. Obviously Ryland has some excellent land acquisition attorneys if that is the case. |
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Post by wvhsparent on Nov 10, 2006 6:49:29 GMT -6
Testimony ends in Dist. 204 land trial
Ruling key to district"s bid to build Aurora high school
By Sara Hooker
Daily Herald Staff Writer
Posted Friday, November 10, 2006
Four days of testimony concluded Thursday in the court hearing that could help determine whether Indian Prairie Unit District 204 can obtain the land it needs to build its planned Aurora high school.
A judge will rule next week regarding a 55-acre tract of the Brach-Brodie property off Route 59, near 75th Street and Commons Drive, where district officials expect a 3,000-student high school will open in fall 2009.
The district owns 25 acres of the site and filed a condemnation suit last December for the remaining 55 acres on which to construct the school.
At issue is whether the school district’s initial purchase offer of $257,500 per acre was made in good faith.
Attorneys addressed the offer in their closing remarks Thursday afternoon.
Attorneys representing the land owners reiterated previous statements that because the district did not have a current appraisal at the time of the offer, there was no way to prove it was made in good faith.
“The risk is that someone throws out an amount and simply tries to goad a property owner to reject it (in order) to file a (condemnation) lawsuit,” said Dave Krula, attorney with Helm and Associates.
School district attorneys said District 204 did bargain in good faith and the appraisal it obtained after the offer proves that.
“There has been absolutely no evidence presented by the defense in the case that refutes that there were not negotiations between the owners and the school district,” District 204 attorney Rick Petesch said.
The hearing’s outcome is important because officials have said the $124.7 million budget for the new school, named Metea Valley, is contingent on starting in the spring. Voters in portions of Naperville, Aurora, Bolingbrook and Plainfield approved the funds in March.
Any delay could increase the cost of the project.
In order for the judge to dismiss the case, land trust attorneys needed to prove, among other things, that the district did not bargain in good faith, that there isn’t a need for the land, or that the request is without public purpose.
School board member Christine Vickers, a staunch opponent of the high school, testified Thursday that she believes the district’s crowding issues could have been resolved by shifting students, rather than building another high school.
Superintendent Howard Crouse testified earlier in the week that if the facility doesn’t open in 2009, officials will need to find a new way to accommodate 1,200 to 2,000 high school students and 900 middle school students who would have moved to the converted Waubonsie Valley freshman campus.
DuPage Circuit Judge Robert Kilander plans to review the case this weekend and make a decision by Wednesday.
Crouse said the hearings went as expected and he anticipates a favorable judgment.
“We have to believe that,” he said.
Good thing CV is a team player.......unfortunately it's the wrong team
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Post by wvhsparent on Nov 10, 2006 6:53:23 GMT -6
Judge to rule on Indian Prairie lawsuit
(http://www.suburbanchicagonews.com/beaconnews/news/131590,2_1_AU10_LAWSUIT_S1.article)
November 10, 2006
By Paige Winfield staff writer
WHEATON -- The Indian Prairie School District's outlook for acquiring land for its third high school will be clearer next week.
DuPage County Judge Robert Kilander said he will rule Wednesday on a motion filed by managers of the Hazel S. Brodie Trust to dismiss a condemnation lawsuit filed by Indian Prairie.
The trust attorneys concluded their arguments Thursday in court with two witnesses: School Board member Christine Vickers and Tom Swaney, an attorney with the Sidley Austin Law Firm.
Both sides presented closing arguments.
If Kilander rejects the motion to dismiss the lawsuit, proceedings to determine the land value of the contested property is the next step, said Rick Petesch, attorney for the School district.
The district has its sights set on 55 acres along 75th Street and Commons Drive in Aurora, land known as the Brach Brodie property. While the district owns 25 adjacent acres, it is seeking additional land on which to construct Metea Valley High School. In April, voters approved a $124.6 million referendum measure to build the school.
In November 2005, the district offered $257,500 per acre. But when Brodie Trust lawyers failed to make a counteroffer, the district filed a condemnation lawsuit in December to purchase the land under eminent domain.
In closing arguments, Petesch said the district's offer equaled fair market value and was made in good faith -- the two contingencies that must be met before a condemnation lawsuit can be filed.
He said the district had grounds to file the condemnation suit because price proposals from each half of the trust varied widely during negotiations. The Brach attorney, who manages 50 percent of the trust, asked for $600,000 per acre, while the Brodie attorney asked for $400,000 an acre.
"The lack of agreement shows a disparity that makes further negotiations brutal," Petesch said.
But the trust attorneys said the appraisal on which the district's offer was based originated from a settlement price reached during a 2003 condemnation lawsuit, in which the district acquired the 25 adjacent acres.
Therefore, the district's offer violated legal precedent because it was not based on a current appraisal, they said.
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Post by wvhsparent on Nov 10, 2006 7:07:21 GMT -6
School's fate hangs in the balance
(http://www.suburbanchicagonews.com/napervillesun/news/131405,6_1_NA10_LAWSUIT_S1.article)
November 10, 2006
By Paige Winfield staff writer
WHEATON -- Indian Prairie District 204's outlook for acquiring land for its third high school will be clearer next week.
DuPage County Judge Robert Kilander said he will rule Wednesday on a motion filed by managers of the Hazel S. Brodie Trust to dismiss a condemnation lawsuit filed by District 204.
The trust attorneys concluded their arguments Thursday in court with two witnesses: school board member Christine Vickers and Tom Swaney, an attorney with the Sidley Austin Law Firm.
Both sides presented closing arguments Thursday.
If Kilander rejects the motion to dismiss the lawsuit, proceedings to determine the land value of the contested property are the next steps, said Rick Petesch, attorney for District 204.
The district has its sights set on 55 acres along 75th Street and Commons Drive in Aurora, land known as the Brach Brodie property. While the district owns 25 adjacent acres, it is seeking additional land on which to construct Metea Valley High School. In April, voters approved a $124.6 million referendum measure to build the school.
In November 2005, the district offered $257,500 per acre. But when Brodie Trust lawyers failed to make a counteroffer, the district filed a condemnation lawsuit in December to purchase the land under eminent domain.
The trust attorneys responded by filing a motion to have the lawsuit dismissed. This week's proceedings, which began Monday, were to decide whether the district's condemnation lawsuit would sink or swim.
In closing arguments, Petesch said the district's offer equaled fair market value and was made in good faith - the two contingencies that must be met before a condemnation lawsuit can be filed.
He said the district had grounds to file the condemnation suit because price proposals from each half of the trust varied widely during negotiations. The Brach attorney - who manages 50 percent of the trust - asked for $600,000 per acre, while the Brodie attorney asked for $400,000 an acre.
"The lack of agreement shows a disparity that makes further negotiations brutal," Petesch said.
But the trust attorneys said the appraisal on which the district's offer was based originated from a settlement price reached during the 2003 condemnation lawsuit, in which the district acquired the 25 adjacent acres.
Therefore the district's offer violated legal precedent because it was not based on a current appraisal, they said.
"You can't make a good faith offer based on a faulty appraisal," said David Krula, an attorney for the trust.
The trust attorneys also rejected Petesch's claim that the offer was made in good faith by pointing out that the district's total offer of $14,162,500 exceeded its own budget for site acquisition and development costs by nearly $10 million.
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Post by EagleDad on Nov 10, 2006 7:21:37 GMT -6
I have it on good authority that Ari Rosenthal was present in the courtroom to watch Chrsitine Vickers testimony yesterday.
Additionally, someone littered CFO "Vote No 204" signs on County Farm Road leading to the courthouse yesteday. (nice)
The connections are obvious here.
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Post by EagleDad on Nov 10, 2006 7:22:31 GMT -6
So eagledad, Bob is an attorney, are you saying that he lies as well? Bob's not a lawyer, so that statement just defined whom the liar is. |
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Post by demandingthetruth on Nov 10, 2006 7:40:03 GMT -6
Quote from Daily Herald Newspaper
"School board member Christine Vickers, a staunch opponent of the high school, testified Thursday that she believes the district’s crowding issues could have been resolved by shifting students, rather than building another high school. "
OK, so I guess I missed the part of the lawsuit that goes back to revisit whether or not we need to build the third high school. (especially according to Christine). Why was this relevant to the comdenation lawsuit??? They overwhelming majority of the public believes it is needed. Who cares about one persons uninformed opinion.
Surely there is some way to remove Christine from her position due to gross negligence of carrying out her duties to the public. How can she possibly be testifying that we don't need something that the majority of the public, those she was elected to represent, has voted for overwhelmingly?
I also have it on good authority that Ari was present. What I don't get is why Christine has no concerns about her own integrity. She lives in the district and has children in the schools,
you would think her personal integrity would mean more than pleasing Ari and his gang.
I also wonder if there is any connection between Ari, silver mortgage, King development Corp. and these supposed offers? Who knows.
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Post by wvhsparent on Nov 10, 2006 7:41:12 GMT -6
I have it on good authority that Ari Rosenthal was present in the courtroom to watch Chrsitine Vickers testimony yesterday. Additionally, someone littered CFO "Vote No 204" signs on County Farm Road leading to the courthouse yesteday. (nice) The connections are obvious here. I Thought I saw VoteNo signs at County Farm and Roosevelt last nite. |
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Post by bob on Nov 10, 2006 7:41:29 GMT -6
Complete BS. During the whole referndum, I don't think she ever said shifting students was a plan.
Nice to see hear that Ari is still alive and calling the shots for CV. I guess she really can't think for herself.
What I would give to cross CV.
VoteNo signs? What was that for? Support for CV testimony. Good god, this is laughable. I guess the LTE from the CFO will be hitting the Sun soon.
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Post by demandingthetruth on Nov 10, 2006 7:46:14 GMT -6
Even if shifting students was her plan, let's remember she was quoted in the paper as saying
something to the effect of she "meant" to take a complete tour of Waubonsie. By her own admission, she never even visited Neuqua. Seems like that makes her an expert on "shifting" students to solve overcrowding issues. What an embarrassment.
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