The Introduction paragraph is Great!
I. INTRODUCTION
It would appear that the greatest irony in this litigation is that it is the District who
seeks to set a date certain for a hearing on the Traverse filed by Defendant Brodie.
However, in light of this Defendant’s actions before and during these proceedings, its
resistance to moving toward a resolution comes as no surprise. In fact, Defendant’s
insistence on wasting the parties’ and this Court’s time and resources--most recently,
by resisting an attempt to schedule a hearing on its own motion--suggests that
Defendant is in the throes of a litigation tantrum.
One clear sign of Defendant’s strategic crisis is its claim that it cannot possibly be
expected to proceed with its Traverse unless the Distdct produces highly confidential
documents protected by the most cherished bases of privilege: attorney-client privilege
(and, by implication, attorneys’ mental impressions and work product), and a statutory
privilege to protect qualified executive session discussions pursuant to the Open
Meetings Act. The District does not wish to deny Defendant its right to raise even the
most ambitious issues before this Court. The District simply seeks to have these
ancillary issues resolved by a definite date so that the parties can proceed to the only
real issue: value.
It is no secret that the District has developed a schedule for the construction of
the third high school. Because of the current overcrowding and anticipated swelling of
the high school population in the years to come, the District must open its third high
school in August 2009. As with any building project, the District commissioned its
planners to identify milestones for completing the construction on schedule. Ideally,
much of the preliminary site preparation should have taken place by the end of this
month; hence, the District’s Motion to Compel Access flied in April. The District
respects this Court’s decision to address the propriety of the taking first; therefore, the
District seeks to settle that issue and proceed to the pressing matters of public interest.
The Distdct asks for no sympathy from Defendant or this Court in adhering to its
construction deadlines. The District merely asks that Defendant forego its
gamesmanship and abide by its duty to proceed in a prompt and professional manner.
Without a date certain for the Traverse, Defendant will continue to engage in
obstructionist tactics and delay the resolution of its own Traverse simply to spite the
District. Judging by the untenable arguments Defendant proffers in its most recent
filings, in addition to its pattern of behavior from the beginning, it is clear that Defendant
is dragging out this litigation so that the District wilt either (1) abandon the
condemnation, forcing the District to pay Defendant’s attomeys’ fees, or (2) pay
whatever exorbitant per-acre land value Defendant demands in order to stay on
schedule. The District will not be strong-armed by Defendant’s exploitation of civil
practice. Regrettably, Defendant’s continued impertinence has forced the District to
seek the Court’s assistance in its pursuit of a resolution.
The Introduction paragraph is Great! 
