Post by concerned2 on Jun 10, 2008 15:41:27 GMT -6
New judge will get Brach-Brodie case
June 10, 2008Recommend
By Jennifer Golz jgolz@scn1.com
WHEATON – Attorneys for Indian Prairie School District 204 and the Brach and Brodie trusts are willing to take their chances with a new judge.
All parties agree they are unable to wade through the hundreds of pages of bills and fees each trust is seeking reimbursement for defense against the district’s eminent domain suit, before DuPage County Judge Robert Kilander retires from the bench.
Kilander, who will retire at month’s end, has presided over the case since filing, including last year’s jury trial when the property owners were awarded $31 million for the 55-acre parcel at 75th Street and the future extension of Commons Drive in Aurora.
Unable to accelerate the process, a hearing date for the reimbursements, which could exceed $5 million plus damages, is set for July 10. But even that date could be delayed.
Judge Richard Stock is expected to take Kilander’s seat. However, Stock hails from the same firm as John Simon, attorney for the Brach trust.
Stock worked with the Chicago-based firm Drinker, Biddle & Reath from 2002 to 2007 when he was appointed circuit court judge by the Illinois Supreme Court, filling a vacancy created by retirement.
Rather than filing objections to some of the expenses each trust is seeking, it’s likely District 204 counsel may be seeking an alternate judge.
School district officials dropped the eminent domain suit after a jury award came back twice what it had budgeted for the land to build its third high school.
Now attorneys for the Brach and Brodie trusts say they are due their share of legal fees and damages for tying up the property for the past three years with the Brach trust seeking $2.2 million and the Brodie trust $2.8 million.
Construction is under way on the 3,000-seat high school at its new site, at Eola and Molitor roads in Aurora, with an expected opening in fall 2009.
June 10, 2008Recommend
By Jennifer Golz jgolz@scn1.com
WHEATON – Attorneys for Indian Prairie School District 204 and the Brach and Brodie trusts are willing to take their chances with a new judge.
All parties agree they are unable to wade through the hundreds of pages of bills and fees each trust is seeking reimbursement for defense against the district’s eminent domain suit, before DuPage County Judge Robert Kilander retires from the bench.
Kilander, who will retire at month’s end, has presided over the case since filing, including last year’s jury trial when the property owners were awarded $31 million for the 55-acre parcel at 75th Street and the future extension of Commons Drive in Aurora.
Unable to accelerate the process, a hearing date for the reimbursements, which could exceed $5 million plus damages, is set for July 10. But even that date could be delayed.
Judge Richard Stock is expected to take Kilander’s seat. However, Stock hails from the same firm as John Simon, attorney for the Brach trust.
Stock worked with the Chicago-based firm Drinker, Biddle & Reath from 2002 to 2007 when he was appointed circuit court judge by the Illinois Supreme Court, filling a vacancy created by retirement.
Rather than filing objections to some of the expenses each trust is seeking, it’s likely District 204 counsel may be seeking an alternate judge.
School district officials dropped the eminent domain suit after a jury award came back twice what it had budgeted for the land to build its third high school.
Now attorneys for the Brach and Brodie trusts say they are due their share of legal fees and damages for tying up the property for the past three years with the Brach trust seeking $2.2 million and the Brodie trust $2.8 million.
Construction is under way on the 3,000-seat high school at its new site, at Eola and Molitor roads in Aurora, with an expected opening in fall 2009.