Naperville Sun Editorial 10/28

[southsidemom]

District 204 should forget new trial to lower Brach-Brodie price

October 28, 2007
If you don't like the verdict the jury handed down, ask for a new trial.

That's certainly a hallmark of the American legal system, and now Indian Prairie School District 204 has decided to go that route with the Brach-Brodie property.

The district condemned 55 acres of what would be considered highly desirable commercial property, went to trial, and was shocked when the jury came back with a verdict that put the land about twice the amount per acre than what the district had anticipated. It had planned to add the 55 acres to 25 adjacent acres it already had bought and create an 80-acre high school site.


THE ISSUE: District 204 is faced with the choice of taking the Brach-Brodie site or buying another parcel.
OUR VIEW: Trying to go back to court to get a lower jury settlement should not be pursued by the district.
This jury-defined price seemingly left the district with the choice of swallowing hard, paying the money and taking the land, or deciding not to buy it and then pursuing other sites.
But the board decided Thursday night to go a different route - ask for a new trial, and at the same time, still negotiate for a different parcel.

School board President Mark Metzger said that the district is basing its post-trial motion for a new trial on several factors - evidence the judge let into trial, the witnesses called and instructions given to the jury.

The district is refusing to pay the money the jury awarded because it won't have enough left of the $125 million it got by referendum to build the high school it promised the voters.

Fair enough, we suppose, though we do wonder why new high schools have to be such palaces that a number not that far south of $100 million is insufficient to build one.

In any event, we've never been all that thrilled with government condemnation powers, and especially so in a situation where there are obviously other sites that will work - sites the district is continuing to look at and negotiate for - even though the one it selected is still its favorite.

Why should school districts always be entitled to the best land - and allowed to take it by force of law if the owner doesn't want to part with it, as was the case with Brach-Brodie?

If the district really doesn't believe it can pay the jury-settled price for Brach-Brodie and still build the school it wants, it ought to do one of two honorable things - buy it and ask the taxpayers for more money or decline it and buy another site.

[momof3]

"If the district really doesn't believe it can pay the jury-settled price for Brach-Brodie and still build the school it wants, it ought to do one of two honorable things - buy it and ask the taxpayers for more money or decline it and buy another site."

Wonder why negotiating with Brach-Brodie for a lower price isn't on the list?
I would guess they would be excited to unload residental property located next to a tire factory or Super WalMart or whatever the lastest.
eta - I'm actually rooting for the Super WalMart. Try to sell the property after that goes in, BB!

[Arch]

You know, tire factory labor is far cheaper in the Naperville/Aurora area than it is in the Bahamas.... not to mention the much more lax environmental regulations.

[gatormom]

"The district condemned 55 acres of what would be considered highly desirable commercial property, went to trial, and was shocked when the jury came back with a verdict that put the land about twice the amount per acre than what the district had anticipated. It had planned to add the 55 acres to 25 adjacent acres it already had bought and create an 80-acre high school site."

Last I heard, the land was zoned mixed residential. I guess facts just don't matter when you have an opinion.

[proschool]

Buy another site at what cost??

I think that there are those who are saying walk away from BB at any cost.

It's good that we can see the Sun's prejudices coming through. If they opposed condemnation proceedings and the building of nice facilities why didn't they let us know that two years ago?

I think they must have more prejudices than they are letting us know. The Sun was absolutely no help when BB was selling the land voluntarily for a reasonable price. They misreported the facts and then just pretended that they didn't know better. When they were informed of the facts they just misreported them again.

I can't tell you how tiring this has become for me. Everyone who was going to Metea was happy with the site except for a few residents from Fry and a couple of builders in Ashwood. When a school is built no one every asks me if I like the location unless it affects me. When the students are happy with the location it has always been good enough for me.

[dpc]

I must admit that I am very perplexed over the majority of the comments posted by a select few on this board who are in full favor of moving forward with BB.

I have not talked to one other person in the district who agrees with you and the school board on this matter. This includes discussions I have had with people that were vehemently for BB and strong Yes supporters. They are very disturbed by the situation and the actions of the SB.

What are we missing? Have you had personal discussions with MM on this subject where he has shed more light on the matter than what the average Joe Public sees/hears?

[proschool]

I get my information right here so anyone can see what I see.

Walking away from BB can still wind up being the most expensive alternative. I have never been shown a cheaper alternative than BB. Have you?

I have just come to the conclusion that there are those who want to leave BB at any cost.

[Arch]

"Show me the money". BB is seen as the "It's ready now" piece of land. The architectural work was done for that land.


"We've already established we need land, now we're just haggling over the price".

[rew]

dpc, I think part of the dilemma is that the SB has been so super secret about the alternate sites. Everyone who says, "nothing's been shown as cheaper" is right, because nothing's been shown.

Those of you involved innegotiations, please shed some light on this for me.I am losing my patience for info as well.

If it is published in the paper that BB is 55 acres at $518/acre and Macom has published it's offer of 62acres at $334/acre and everyone knows the SB has $124M total and offered $14M originally. Where is all the mystery in the negotiations???

I understand not revealing everyone's exact current position, but why can't we know where the properties are located??

I am getting pretty cranky, I heard this "sensitive negotiations" excuse the last 18 mos regarding the BB property, told we had worst case scenario covered, only to be told now "it's too much". Maybe the BB attorneys should have been told 18 mos ago exactly what the SD could afford and maybe they would've taken it or maybe the SD would've realized they were never going to get the property for that amount and they could've secured an alt site a year ago.

At this point what advantage is there in not disclosing the sites being considered???

[momof3]

dpc said:

I must admit that I am very perplexed over the majority of the comments posted by a select few on this board who are in full favor of moving forward with BB.

What do you mean by 'moving forward' with BB?

The sb has (by their actions) rejected BB at the jury-set cost. They are moving ahead with negotiations with 4 property owners.

I'm sure some people were in favor of purchasing the BB property at the jury cost but that train has left the station.

Do you want the sb to never talk to the BB people again? I don't want any door closed until the final site is selected. purchased!

[doctorwho]

dpc said:

I must admit that I am very perplexed over the majority of the comments posted by a select few on this board who are in full favor of moving forward with BB.

I have not talked to one other person in the district who agrees with you and the school board on this matter. This includes discussions I have had with people that were vehemently for BB and strong Yes supporters. They are very disturbed by the situation and the actions of the SB.

What are we missing? Have you had personal discussions with MM on this subject where he has shed more light on the matter than what the average Joe Public sees/hears?

Then maybe its where you are talkng to people in the district -- I can tell you my area would mostly pay for BB and start building - but then we are north of 75th street and sometimes that seems to not be in the district. So yes, I am sure there are pockets of each opinion - and I have heard various - but very few, in fact no 'vehement' BB supporters who want to abandon that property.
No they do not want a scaled down school -- nor do they want to travel to the ends of the earth for HS.

[proschool]

rew said:

dpc, I think part of the dilemma is that the SB has been so super secret about the alternate sites. Everyone who says, "nothing's been shown as cheaper" is right, because nothing's been shown.

Those of you involved innegotiations, please shed some light on this for me.I am losing my patience for info as well.

If it is published in the paper that BB is 55 acres at $518/acre and Macom has published it's offer of 62acres at $334/acre and everyone knows the SB has $124M total and offered $14M originally. Where is all the mystery in the negotiations???

I understand not revealing everyone's exact current position, but why can't we know where the properties are located??

I am getting pretty cranky, I heard this "sensitive negotiations" excuse the last 18 mos regarding the BB property, told we had worst case scenario covered, only to be told now "it's too much". Maybe the BB attorneys should have been told 18 mos ago exactly what the SD could afford and maybe they would've taken it or maybe the SD would've realized they were never going to get the property for that amount and they could've secured an alt site a year ago.

At this point what advantage is there in not disclosing the sites being considered???

The problems with the Macom site have been discussed at length on this board. If the other sellers wanted their negotiaqtions to be public they could just report them to the paper or talk about them on this board in the same manner as the Macom Corp. Since they have not come forward themselves I would assume that the other potential sellers want to remain anonymous and it is in the interests of the school district to respect that.

What I don't understanad is why the original BB offer to sell the land vountarily was considered to be too expensive by some but now it is perfectly all right to spend that much money for a school somewhere else.

[dpc]

doctorwho said:

No they do not want a scaled down school -- nor do they want to travel to the ends of the earth for HS.

Everything else aside, would you and your neighbors support a full amenity school at the St. John AME site?

[dpc]

doctorwho said:

No they do not want a scaled down school -- nor do they want to travel to the ends of the earth for HS.

Everything else aside, would you and your neighbors support a full amenity school at the St. John AME site?

[doctorwho]

dpc said:

doctorwho said:

No they do not want a scaled down school -- nor do they want to travel to the ends of the earth for HS.

Everything else aside, would you and your neighbors support a full amenity school at the St. John AME site?

let me ask you this -- how would your area feel about a HS 9 miles from your home that had 8 other High Schools closer to your house ? ( I can list them all) & those would include Wheaton Warrenville South and Plainfield East to put this in perspective. Somewhat akin to sending your area to Romeoville HS distance wise, or Maybe Oswego East.

Add this to lets say sending your area to Grainger for MS - which is about our travel distance now ?

This after I heard whining on 1.2 miles further from NV to MV -- let me know how that would set with you and all those who are so quick to abandon any central site ?


btw the distance from W/E for sure and somewhat for Fry would be less to that particular site than my house - do you want to travel that far ?