SUN 6/4 - Brach-Brodie trusts say D204 owes $5M

[d204mom]

Brach-Brodie trusts say D204 owes $5M


June 4, 2008Recommend

By Jennifer Golz, [e-mail]

WHEATON – Indian Prairie School District 204 could be ordered to pay $5 million to the owners of the land it chose not to build its third high school on.

Totals are in for the Brach and Brodie trusts – Brach at $2.2 million and Brodie at $2.8 million – for what each says are reimbursable costs to defend the eminent domain suit the district brought against the 55-acre parcel, at 75th Street and Commons Drive in Aurora.

The district dropped the eminent domain case for the land, which is contiguous to a 25-acre parcel it already owns, after a jury priced the Brach-Brodie land at $31 million – more than twice what the district had budgeted.

Rick Petesch, attorney for the school district, said he intends to file objections to specific costs for each trust, such as the combined $49,500 paid to a Springfield lobbying firm hired to oppose the district’s quick-take bill.

All sides will reconvene June 10 in DuPage County Circuit Court in Wheaton when a hearing date to determine the reimbursable expenses will be set.

[d204mom]

Rick Petesch, attorney for the school district, said he intends to file objections to specific costs for each trust, such as the combined $49,500 paid to a Springfield lobbying firm hired to oppose the district’s quick-take bill.
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Wonder how that's gonna go?

Judge - Why did you oppose quick take?
BB - Because we didn't think the district would be able afford the jury awarded price. We didn't believe it when they swore to their state representatives and to you that they would pay any cost up to $600K/acre.
Judge - oh, yeah, right. I remember now.

[Arch]

What I found most interesting in the reading of their filings was each place spelled out where they said the district claimed to be the owner of the land on government documents that they filed with a multitude of agencies. I'm not sure what, if any, role that will play. Maybe BB didn't read their ballot properly.

[concerned2]

Here is an updated version of the above article.

Brach, Brodie trusts seek $5 million from district
Groups cite damages, land value difference in suit


June 5, 2008Recommend

By Jennifer Golz [e-mail]
WHEATON -- Indian Prairie School District 204 could be ordered to pay $5 million to the owners of the land it chose not to build its third high school on.

Totals are in for the Brach and Brodie trusts - $2.2 million and $2.8 million, respectively - for what each says are reimbursable costs to defend the eminent domain suit the district brought against the owners of the 55-acre parcel, at 75th Street and the future extension of Commons Drive in Aurora.

The district dropped its eminent domain case for the land, which is contiguous to a 25-acre parcel it already owns, after a jury priced the Brach-Brodie land at $31 million - more than twice what the district had budgeted.


LAWSUIT DISMISSED
Indian Prairie School District 204 has filed a motion to dismiss the Brodie trust's suit that seeks to have a judge order the purchase of the 55-acre site originally intended for Metea Valley High School.

A hearing has been set for Aug. 12 for arguments on the matter before DuPage County Judge Kenneth Popejoy - the same judge who dismissed the injunction filed by Neighborhood Schools for Our Children in hopes to block the construction of the 3,000-seat high school at a location anywhere but the Brach-Brodie site.
A groundbreaking ceremony was held Tuesday for the site the district instead purchased in April, at Eola and Molitor roads in Aurora. Construction is under way and district officials say the 3,000-seat high school will be open to freshmen and sophomores in the fall of 2009.
But the attorneys who represent the Brach and Brodie trusts are not letting the school district off that easily.

The Brodie trust has filed suit seeking a judge's order to require the school district to purchase the originally intended site for the high school. If that fails, Brodie trust attorney Steve Helm said he intends to seek $12 million in damages for his client's share of the land.

While $2.8 million of that represents attorney fees and witness costs associated with the condemnation case, the remaining is what Helm feels is compensation for what the land could have sold for in 2005, when the suit was filed, compared to today's real estate market.

The Brach trust is seeking $2.2 million for its costs in defending the now abandoned eminent domain case, and an undisclosed amount in damages.

Rick Petesch, attorney for the school district, said he intends to file objections to specific costs for each trust, such as the combined $49,500 paid to a Springfield lobbying firm hired to oppose the district's quick-take bill. The legislation would have allowed the district to take immediate possession of the Brach-Brodie land, but the measure was denied.

All parties will reconvene Tuesday in DuPage County Circuit Court in Wheaton when a hearing date to determine reimbursable expenses will be set.