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Post by sushi on Apr 9, 2008 4:55:32 GMT -6
Brodie trust attorney f iles suit to make D204 buy land
District: Complaint has no merit
April 9, 2008
By Tim Waldorf twaldorf@scn1.com
An attorney for the Brodie trust wants a judge to rule that Indian Prairie School District 204 can't just walk away from its condemnation lawsuit because it doesn't like the ruling it received.
He wants the judge to rule that District 204 must purchase the Brach-Brodie property for the jury-determined price of $31 million.
But District 204's lawyer said such a ruling would have "no basis in the law whatsoever."
In the complaint filed Monday, Steve Helm, attorney for the trust, argued there are two reasons the district should be required to purchase the remaining 55 of the 80 acres at 75th Street and Route 59 that it originally selected as the location of Metea.
First, after a 2005 condemnation suit in which the district bought 25 acres from the Brach-Brodie trusts, the two parties agreed the district would purchase the property at the price determined by a jury in the condemnation suit if voters approved a referendum for the third high school, Helm said.
Second, the district said repeatedly during its successful referendum campaign and during the condemnation suit that it would purchase the balance of the Brach-Brodie property and build Metea on the land, Helm said. He is arguing the district shouldn't be able to use any of the $124.7 million that voters gave it unless it is used to build the promised school on the promised site.
Stuart Whitt, an attorney for District 204, said the lawsuit is "ridiculous."
"The eminent domain act, the Illinois state statute, gives any governmental authority the right to have a jury determine the value of the property," Whitt said. "And then we have the right to pay the award or the right to say we're not going to pay the award . ...
"There is nothing in the law - anywhere in the law - that authorizes, that empowers them to force us to buy the property," he said.
Helm is prepared to seek damages if a judge sides with the district.
Helm has said he would seek reimbursement for any reduction in value to trust-owned properties due to the district's condemnation suit.
The Brodie trust also is asking for damages due to the loss of a $40.2 million contract it had with the Pennsylvania Real Estate Investment Trust. According to the complaint, the group planned to purchase 71 acres adjacent to the site with the understanding it would work with District 204 to sort out stormwater detention and sewer and water facilities issues.
Whitt said this was never the case. It was District 204 who presented a proposal to PREIT, and PREIT rejected the proposal. So the district stopped talking to PREIT, and eventually decided to pursue different property.
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Post by sushi on Apr 9, 2008 5:24:36 GMT -6
Like I said before; chum in the water.
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Post by blankcheck on Apr 9, 2008 7:16:13 GMT -6
OK- Let's review - District being sued by Brach/Brodie District being sued by NSFOC District being sued over anti gay shirt Do I here another? Sold to Brach/Brodie for  ? amount |
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Post by snerdley on Apr 9, 2008 7:18:18 GMT -6
Like I said before; chum in the water. Sushi, the SB and district have created this utter disaster. It cannont be blamed on anyone else but them. |
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Post by rural on Apr 9, 2008 7:35:30 GMT -6
"First, after a 2005 condemnation suit in which the district bought 25 acres from the Brach-Brodie trusts, the two parties agreed the district would purchase the property at the price determined by a jury in the condemnation suit if voters approved a referendum for the third high school, Helm said. Second, the district said repeatedly during its successful referendum campaign and during the condemnation suit that it would purchase the balance of the Brach-Brodie property and build Metea on the land, Helm said. He is arguing the district shouldn't be able to use any of the $124.7 million that voters gave it unless it is used to build the promised school on the promised site." So do you think they lifted this idea from the Nsfoc complaint or do you think Collins Law Firm is lending a helping hand? Just being neighborly. ETA: For a fee of course.  |
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Post by WeBe204 on Apr 9, 2008 7:44:24 GMT -6
So do you think they lifted this idea from the Nsfoc complaint or do you think Collins Law Firm is lending a helping hand? Just being neighborly. I was wondering about that myself. This is sort of a chicken and the egg situation. Not sure which got there first. I do not think filing dates should be used to determine who started this idea. Plus the Bait and Switch email from Mark was really where this all came from. This is a lawyer rich opportunity. Now, that this situation has made it to to the Tribune and therefore the content is spinning up in search engines and alert engines across the Internet I wonder how many other groups might start stalking the district to get involved. I also was wonder if the silent majority coalition will continue to hold once the entire district starts to come into question. Its one thing to be fine with your high school assignment and have a blind eye to the other schools "issues". (perceive or real) However, once the story starts to play to a wider audience and the entire district comes into question I am not sure what happens. Its a big news day and I am probably blowing things out of proportion. The one thing is this thing is much bigger than NSFOC and NSFOC-Fraud. |
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Post by doctorwho on Apr 9, 2008 7:44:41 GMT -6
"First, after a 2005 condemnation suit in which the district bought 25 acres from the Brach-Brodie trusts, the two parties agreed the district would purchase the property at the price determined by a jury in the condemnation suit if voters approved a referendum for the third high school, Helm said. Second, the district said repeatedly during its successful referendum campaign and during the condemnation suit that it would purchase the balance of the Brach-Brodie property and build Metea on the land, Helm said. He is arguing the district shouldn't be able to use any of the $124.7 million that voters gave it unless it is used to build the promised school on the promised site." So do you think they lifted this idea from the Nsfoc complaint or do you think Collins Law Firm is lending a helping hand? Just being neighborly. ETA: For a fee of course. you really think Helm needs help ? I hear he's not a nincompoop- but a ( let me get out my copy of schoolyard names here )  I can hear the opening argument in May now-- www.rosswalker.co.uk/movie_sounds/three_stooges_p3.htmsrcoll to grapehead.wav and click |
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Post by doctorwho on Apr 9, 2008 7:48:49 GMT -6
"First, after a 2005 condemnation suit in which the district bought 25 acres from the Brach-Brodie trusts, the two parties agreed the district would purchase the property at the price determined by a jury in the condemnation suit if voters approved a referendum for the third high school, Helm said. Second, the district said repeatedly during its successful referendum campaign and during the condemnation suit that it would purchase the balance of the Brach-Brodie property and build Metea on the land, Helm said. He is arguing the district shouldn't be able to use any of the $124.7 million that voters gave it unless it is used to build the promised school on the promised site." So do you think they lifted this idea from the Nsfoc complaint or do you think Collins Law Firm is lending a helping hand? Just being neighborly. ETA: For a fee of course. is Whitt working for free ? We might see a line item on our next tax bill for them.... |
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