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Post by doctorwho on May 23, 2008 11:05:45 GMT -6
Here is the update I just received from someone in attendance:
After about an hour and 40 minute's of testimony and fact giving by the attorneys, Judge Popejoy said he would issue a written response by next Friday ( May 30th) - on the SB's motion to dismiss.
I do understand the judge addressed those in attendance and spoke of his understanding how important this case was and wanted to take the weekend and next week to go through all the facts and issue a written decision.
I am not a legal expert so I will not speculate on what any of this means, however as a non legal expert I am so glad the judge is taking his time to view all the facts carefully and completely in this case, that's all one can ask for.
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Post by Arch on May 23, 2008 11:23:03 GMT -6
In other words... What's done is done, and enjoy the next week  |
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Post by secondtimearound on May 23, 2008 11:44:07 GMT -6
Here is the update I just received from someone in attendance: After about an hour and 40 minute's of testimony and fact giving by the attorneys, Judge Popejoy said he would issue a written response by next Friday ( May 30th) - on the SB's motion to dismiss. I do understand the judge addressed those in attendance and spoke of his understanding how important this case was and wanted to take the weekend and next week to go through all the facts and issue a written decision. I am not a legal expert so I will not speculate on what any of this means, however as a non legal expert I am so glad the judge is taking his time to view all the facts carefully and completely in this case, that's all one can ask for. If only the SB took that approach when presented with a complex decision...  |
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Post by macy on May 23, 2008 11:47:08 GMT -6
New: Judge delays ruling in NSFOC lawsuit
May 23, 2008Recommend
By Tim Waldorf, twaldorf@scn1.com
Indian Prairie School District 204’s motion to dismiss Neighborhood Schools For Our Children’s lawsuit.
“I’m going to destroy my Memorial Day weekend,” he said.
Prior to the hearing, Popejoy told those gathered for it that he would not rule on the motion.
“There’s just too much information that I had, too many questions that I had, to issue a ruling today,” he said.
Popejoy promised both parties that he would have a written opinion in their hands by noon May 30, and that he would schedule a hearing to discuss that ruling sometime the following week.
The NSFOC parents group is suing, hoping to block construction of Metea Valley High School on land the district purchased off Eola Road. Previously the district sought to build a third high school on the so-called Brach-Brodie property off 75th Street.
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Post by d204mom on May 23, 2008 12:02:58 GMT -6
Agreed - whatever happens will happen, but at least he is taking a long and objective look at the facts.
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Post by capecod on May 23, 2008 13:22:00 GMT -6
Well at least they got someone's attention. If it was so clear as others make it out to be it would have been decided today. Good job NSFOC!
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Post by doctorwho on May 23, 2008 13:56:41 GMT -6
Here is the update I just received from someone in attendance: After about an hour and 40 minute's of testimony and fact giving by the attorneys, Judge Popejoy said he would issue a written response by next Friday ( May 30th) - on the SB's motion to dismiss. I do understand the judge addressed those in attendance and spoke of his understanding how important this case was and wanted to take the weekend and next week to go through all the facts and issue a written decision. I am not a legal expert so I will not speculate on what any of this means, however as a non legal expert I am so glad the judge is taking his time to view all the facts carefully and completely in this case, that's all one can ask for. If only the SB took that approach when presented with a complex decision... If ifs and buts were candy and nuts, we would all have a Merry Christmas. ... instead we have what we have because this doesn't happen.. |
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Post by spousestonethrow on May 23, 2008 14:04:30 GMT -6
Well at least they got someone's attention. If it was so clear as others make it out to be it would have been decided today. Good job NSFOC! I must admit that it was nice to hear that the judge is taking time to review this more carefully before making a ruling. Is it true that there are 1000s of pieces of information from the district that states BB? I am only asking since I was not aware of that until a friend called today to update me on the proceedings. If so, that is unreal. Was only NSFOC there or were anti-fuds present too? Any SB members? |
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Post by fryfox on May 23, 2008 15:23:20 GMT -6
In other words... What's done is done, and enjoy the next week arch...more info on your thoughts? Do you think this type of delay favors the district or the nsfoc? |
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Post by Arch on May 23, 2008 15:38:39 GMT -6
In other words... What's done is done, and enjoy the next week arch...more info on your thoughts? Do you think this type of delay favors the district or the nsfoc? Personal opinion only: It was no 'slam dunk' to get a dismissal. If the law was as clear as the District thinks it is about being able to basically do anything it wants to even if it says (or prints using tax payer money) it will be doing something else instead, this would have been gaveled and dismissed today. That's my opinion and read on the situation. I think it's going forward because at the root of it is voter confidence and faith in 'the system' of public participation in the election process and that is never taken lightly by a court. |
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Post by jftb on May 23, 2008 15:41:07 GMT -6
smom? sashimi? What's your take on today?
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Post by macy on May 23, 2008 15:41:38 GMT -6
Judge says he'll rule next week on Metea Valley siteBy Justin Kmitch | Daily Herald Staff
Ready. Set. Wait one more week.
Those were essentially the directions given Friday by DuPage County Circuit Judge Kenneth Popejoy to attorneys representing Indian Prairie Unit District 204 and its opposing parents group, Neighborhood Schools for Our Children.
Popejoy, half-jokingly, told both parties he would "destroy" his long Memorial Day weekend by scouring every last detail in the case before deciding whether to dismiss the group's lawsuit against the school district over its site selection for the proposed Metea Valley High School.
That decision, he said, will be written and "in the attorneys' hands" by noon May 30.
"There's just too much information that I had, too many questions that I had, to issue a ruling today," Popejoy said. "That being said, I understand the urgency of both parties and I appreciate the work they've done."
The two sides will meet again in the first week of June to discuss his ruling.
The grassroots group is suing the district in an attempt to prevent it from spending any more money to build the 3,000-student Metea Valley High School along Eola Road, south of Diehl Road in Aurora.
Work already has begun on that site and the district has said it plans to open the bulk of the campus in August 2009 to house freshmen and sophomores. District leaders say the school, which eventually will serve all four grade levels, is needed to ease overcrowding at Neuqua Valley and Waubonsie Valley high schools.
But opponents want the district to use the $127.4 million voters approved in 2006 to purchase the Brach-Brodie property off 75th Street and Commons Drive and build the school there.
Both sites are in Aurora.
Short of that, the residents' attorney, Shawn Collins, told Popejoy he would at least like to see the district be forced to put the question of a third high school on the ballot again, now that voters know where it is most likely to go.
Both parties left court Friday afternoon pleased with Popejoy's decision to "spend more time" with the case.
"Everyone should be so lucky to have Judge Popejoy overseeing their case," Collins said upon leaving the courtroom. "He has promised to take the time to review the material very seriously. We can't ask for anything more."
District attorney Michael Scotty, also complimentary to Popejoy, said both sides will benefit from the extended time being given to review the files.
"No matter who wins this thing, it's going to be appealed," Scotti said. "So it can only be positive for everyone that the court is getting all of the information it needs."
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Post by fryfox on May 23, 2008 16:08:10 GMT -6
"No matter who wins this thing, it's going to be appealed," Scotti said. "So it can only be positive for everyone that the court is getting all of the information it needs."
They can't appeal the motion to dismiss, can they? I hope he's referring to the case and not to the motion for dismissal.
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Post by sashimi on May 23, 2008 16:10:34 GMT -6
smom? sashimi? What's your take on today? In my opinion....the fact that Judge Popejoy is going to take some time to dig in before his final ruling does not necessarily give an indication either way as to what the result will be . Of course, I can argue that it is serious reason for concern for the District, which has repeatedly indicated that there is no merit to the NSFOC case and has concluded that the suit is frivilous and is nothing more than a nuisance (so much so that they have continued construction despite being put on notice). If this was true, the Judge would not feel compelled to spend this amount of time and commit to providing a written opinion to both parties. I think that at the very least, it demonstrates this is not the easy call the District would like everyone to believe, and that it was careless and negligent in spending our tax dollars full speed ahead at the Ames site with this lawsuit hanging over their heads. This could result in at least a 30-40 million dollar mistake (if they have to abandon the site after entering into contracts and starting work). I could also argue that the District's counsel's statement after court today that "no matter who wins, the decision will be appealed" is a good indication that their counsel does not feel as comfortable about what the decision will be as the District would like everyone to believe (already laying the ground work for an appeal when they felt "100%" confident that the case would be dismissed?). Finally, I could note that the Judge is taking more than twice the amount of time to make his decision as the District did in closing on a 20 million dollar transaction (I guess the motion to dismiss is not a "cash deal"). However, the question is clearly a difficult legal issue with little to no exact precedent. Based on the facts, I would like to say that the Judge will see how unjust the District's conduct has been and rule in NSFOC's favor (Shawn has made a compelling and strong argument that will be hard to rule against out of equity and any sense of justice for voting rights). However, I still think Judge Popejoy could go either way (and the fact that he will take an additional week does not give much insight into what the ultimate decision will be). I am glad that at the very least, we will have had our day in Court and moved to hold the Board and administration accountable for their conduct. If NSFOC loses, I will remain proud of what they did and for giving so many a voice. However, I will say that if it comes down in NSFOC's favor, get ready for the visual pushing of dirt from one side of the property to the other to come to a screaching halt (and it will be interesting to see how careless this Board and Administration can be). |
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Post by sashimi on May 23, 2008 16:24:25 GMT -6
"No matter who wins this thing, it's going to be appealed," Scotti said. "So it can only be positive for everyone that the court is getting all of the information it needs." They can't appeal the motion to dismiss, can they? I hope he's referring to the case and not to the motion for dismissal. It is an interesting question...If NSFOC loses, they would have a right to appeal. If the District loses, they do not have an automatic right to appeal in that I do not think that the denial of the motion would be final and appealable (in that it is not dispositive of the case). The Judge can (and may) certify the question for appeal, but I do not think the District would have an automatic right to appeal the decision until after a final verdict. |
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