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Post by blankcheck on Jun 2, 2006 8:10:12 GMT -6
If that is the case, this has got to be costing a lot of $$$$$
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Post by momof3 on Jun 2, 2006 8:21:58 GMT -6
On page 21 of their annual review it states that the SD original offer was $105,000/acre. After two years of litigation, they settled on 257,500/acre - half of which the estate will receive. It would be interested to know how the current BB attorneys are being compensated. If they are working now for the big payout at the end (at it appears the previous ones were), they would be motivated to settle quickly at a higher price. If they are billing their time out, they would be motivated to drag this out as long as possible. Either way I don't see any reason the estate or the attorneys just want to keep the property. We can only guess. |
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Post by wvhsparent on Jun 2, 2006 8:36:46 GMT -6
On page 21 of their annual review it states that the SD original offer was $105,000/acre. After two years of litigation, they settled on 257,500/acre - half of which the estate will receive. It would be interested to know how the current BB attorneys are being compensated. If they are working now for the big payout at the end (at it appears the previous ones were), they would be motivated to settle quickly at a higher price. If they are billing their time out, they would be motivated to drag this out as long as possible. Either way I don't see any reason the estate or the attorneys just want to keep the property. We can only guess. While this is only an assumption....The BB estate attys may have directives spelled out to them from the trust that they have to follow. |
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Post by momof3 on Jun 2, 2006 8:45:48 GMT -6
I was looking back through the newspaper articles on the Costco agreement / Forest preserve condemnation on the BB land on the East side of Rt 59. It states that Charles Vorhees (HVB's brother) is the executor of the estate, however, it did not state if he is the heir. iirc, sb members have stated in the past that the foundation gets the proceeds, not living heirs.
As the executor, I would assume Charles Vorhees calls the shots...?
eta - ok, Charles Vorhees died in 2002. His son, Charles Allen Vorhees is on the board of the foundation.
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Post by wvhsparent on Jun 9, 2006 7:43:29 GMT -6
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Post by wvhsparent on Jun 30, 2006 5:51:37 GMT -6
Dist. 204 land buy must wait for fall
Posted Thursday, June 29, 2006
Indian Prairie Unit District 204 officials will remain in limbo until October on acquiring land they need to build a new high school.
That’s when a judge will rule whether they can proceed with a condemnation suit to acquire the remaining 55 acres near Route 59 and 75th Street.
“The wheels of justice move at a different pace than the school district,” Superintendent Howard Crouse said. “I’m relieved to finally have a date for the first part of our acquisition to be settled.”
See Sara Hooker’s story on Page 3.
Page 3.........
District 204 land suit awaits judge’s ruling
Decision on land for third high school not expected until October
By Sara Hooker
Daily Herald Staff Writer
Posted Thursday, June 29, 2006
Indian Prairie Unit District 204 officials must wait until October to learn if they can continue with a condemnation suit for the land to build a new high school, a DuPage County judge ruled Wednesday.
“The wheels of justice move at a different pace than the school district,” Superintendent Howard Crouse said. “I’m relieved to finally have a date for the first part of our acquisition to be settled.”
School leaders need to acquire another 55 acres, commonly called the Brach-Brodie property, where they plan to build the district’s third high school. The school would be near Route 59 and 75th Street.
District 204 taxpayers approved a $124.7 million tax increase in March to pay for the 452,000-square-foot school to accommodate 3,000 students.
The district purchased 25 acres last year. Officials filed a condemnation suit in December for the additional 55 acres.
Attorneys for the land’s estate then requested the suit be thrown out, saying the district’s offer of $257,000 per acre was not a good faith effort and roughly half the market value.
The land was owned by the late Brach brothers of Brach Candy and passed on to their wives, Helen Voorhees Brach and Hazel S. (Brach) Brodie, also deceased.
Earlier motions by the district to obtain access to the site to take soil samples and do other site work were denied pending the outcome of the Brodie estate’s request to dismiss the suit.
DuPage Circuit Judge Robert Kilander will rule on that request Oct. 10. Should he throw out the condemnation suit, the district would need to decide whether to file it again or look at other parcels, attorneys said.
Construction on the third high school needs to begin next spring to open in the fall of 2009, Crouse has said.
A delayed start could drive up the cost of the project. The $124.7 million estimate includes $82.5 million for the building, $24 million for land and site work, $10 million for furnishings, $4.5 million for professional fees and $3.7 million for other expenses.
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Post by blankcheck on Jun 30, 2006 7:01:47 GMT -6
If the wording of this article is true, it seems to me that the October ruling only allows the district to proceed with the condemnation proceedings. They still would need to settle on the price of the land. Again, I refer to the last time they did this for the 25 acres. It took two years to come to an agreement on that. If that happens, that would put this project on hold for a very long time - at what cost? I can only hope that the district is looking at other parcels should this fall through.
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Post by wvhsparent on Jun 30, 2006 7:47:33 GMT -6
At least we know they want to break ground by spring 07
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Post by wvhsparent on Jul 25, 2006 13:31:01 GMT -6
The Atty for the SD has been busy.....they sent out subpoenas for documents to the following firms:
Mayo Land Company
Pleitgen Enterprises LTD
Midgo Town Center
5995 Venture LLC
Harris Trust and Savings Bank (2)
Wilmar Develpment Co
Neumann Homes
Lasalle Bank
Bradford Naperville LLC
Bushnell Land Development LLC
Chicago Title Land Trust
Kensington Station North LLC
Duke Realty Limited Partnership
Exchange Services Group
US Bank Trust.
They want documents that pertain to property all along the general area.
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Post by EagleDad on Jul 25, 2006 13:36:29 GMT -6
Maybe they should have subpoenaed King Development & Construction LLC also  |
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Post by proschool on Jul 25, 2006 22:20:53 GMT -6
Wilmar development is develping the McCarty Center just west of the proposed school site along 75th street, between Commons and Meadow Ridge.
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Post by wvhsparent on Aug 4, 2006 7:43:49 GMT -6
FYI They also subpoenaed Mark Phillips (Walnut Ridge Subdiv?)
The BB trust had filed a this on 7/20 and it was denied -----
"Defendant Hazel Brodie Trust's Motion for leave to file, instanter, supplemental authority/argument in support of it's amended motion for in camera inspection and to compel production of documents is denied"
That was the body of the order signed by the judge.....can anyone translate?
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Post by bob on Aug 4, 2006 8:03:53 GMT -6
I wonder if BB is beginning to worry. The property is zoned for housing. The housing market is slowing. Land prices could be falling next.
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Post by gumby on Aug 4, 2006 9:12:18 GMT -6
The BBT must have filed a previous motion for in camera inspection (inspection by the court to see whether there's been good cause shown as to allowing the use of certain evidence in the court proceeding). The BBT wanted to immediately file additional arguments to support that motion. They also wanted the court to compel production of certain documents.
The judge declined.
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Post by 204parent on Aug 18, 2006 12:42:11 GMT -6
Judge rejects request to view 204 executive session minutes
By Britt Carson
staff writer
Naperville Sun
8/16/06
Indian Prairie School District 204 does not have to release minutes from executive session to lawyers for the Brach Brodie property.
A DuPage County judge issued a ruling this week siding with the School District.
"The judge issued an order denying the Brach Brodie trust request for anything connected to executive session," Superintendent Howie Crouse said.
The judge did instruct the district to hand over two e-mails to the Brach Brodie lawyers.
"To us, the executive session privilege is a very important one, and we are very pleased the judge agreed with our position," Crouse said.
The district filed a condemnation lawsuit to obtain 55 acres, commonly known as the Brach Brodie property. The district wants the land, located along 75th Street near the planned extension of Commons Drive in Aurora, for a third high school. The district already owns 25 acres adjacent to the 55 it seeks.
Voters approved a $124.7 million referendum measure in March to fund the school, but the two sides have been stymied over the price of the land.
However, attorneys for the Hazel S. Brodie Trust moved to dismiss the lawsuit in February. A hearing on that motion is scheduled for Oct. 10.
The district is still proceeding with architectural plans for the school, which it hopes to open in fall 2009.
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