January 23 Brach Brodie Court Hearing - Outcome

[EagleDad]

(Text below is largely taken from another source)...

Today there was a court hearing regarding the land for Metea Valley High School. The SD had hoped for two matters to be heard/completed. The first was a ruling on access to BB land for soil sampling. The second was the assignment of a trial date for the condemnation suit.

On the first matter, both sides presented case history to support their position. The SD believed access is allowed as a part of the condemnation process. The BB attorneys argued that access is not relevant to the condemnation case and that the access would not be minimally invasive. Judge Kilander listened to both sides and ruled in favor of the SD. The school district has 28 days to take the samples/complete work. (Should ground freeze happen, SD would report to the Court for further instruction.) The SD can access the land for a specific number of soil borings, completion of a wetland survey, completion of a geological study, and review of drain tile system. The school district will pay the owners $1500 per day a worker is on the site, will provide liability insurance for all work on site, will return site to condition prior to work, and will notify the owners/farmer in advance of work dates.

On the second matter, no trial date was set. BB attorneys brought out at least two motions that the judge will hear on March 1st at 9:30 AM. On the March 1st date motions will be heard, a status update will be given, and possibly a trial date set.

[macy]

eagledad said:

(Text below is largely taken from another source)...

Today there was a court hearing regarding the land for Metea Valley High School. The SD had hoped for two matters to be heard/completed. The first was a ruling on access to BB land for soil sampling. The second was the assignment of a trial date for the condemnation suit.

On the first matter, both sides presented case history to support their position. The SD believed access is allowed as a part of the condemnation process. The BB attorneys argued that access is not relevant to the condemnation case and that the access would not be minimally invasive. Judge Kilander listened to both sides and ruled in favor of the SD. The school district has 28 days to take the samples/complete work. (Should ground freeze happen, SD would report to the Court for further instruction.) The SD can access the land for a specific number of soil borings, completion of a wetland survey, completion of a geological study, and review of drain tile system. The school district will pay the owners $1500 per day a worker is on the site, will provide liability insurance for all work on site, will return site to condition prior to work, and will notify the owners/farmer in advance of work dates.

On the second matter, no trial date was set. BB attorneys brought out at least two motions that the judge will hear on March 1st at 9:30 AM. On the March 1st date motions will be heard, a status update will be given, and possibly a trial date set.

Another delay??? What were the two motions the BB attorneys brought out??

[EagleDad]

[Arch]

The ball did roll forward.

They have access to the land to complete the needed land surveys/studies.

When will Macom have their site surveys done?

[macy]

archwinsome said:

The ball did roll forward.

They have access to the land to complete the needed land surveys/studies.

When will Macom have their site surveys done?

In fairness, I'd say the ball rolled forward, and then a little backward. I had hoped for a date to be set today for a trial date sometime in May or June.

I don't know when Macom will have their site surveys done. I don't think it's related.

[Arch]

Sure it's related. If they wants a premium price for the land, they better throw in some extras.

"A hood ornament and a jacked up price not a lexus make."

[wvhsparent]

Dist. 204 gains access to school site
By Sara Hooker
Daily Herald Staff Writer
Posted Wednesday, January 24, 2007

A judge Tuesday granted Indian Prairie school officials access to begin soil testing later this week on the Brach-Brodie property.

But DuPage Circuit Judge Robert Kilander declined to set a court date for a jury to determine the value of the site off Route 59 near 75th Street and Commons Drive in Aurora.

Instead, Unit District 204 officials will have to wait until March 1, when the court convenes again, to see if Kilander will establish a hearing date to allow condemnation proceedings to continue.

“I was generally pleased that we were finally given access to do some testing that we’ve wanted to do for a long time,” District 204 attorney Rick Petesch said. “Obviously I made a request for the court to set a trial date, and the court indicated it would entertain that on March 1.”

The district already owns 25 acres at the site but needs to acquire 55 more to proceed with plans to build Metea Valley High School there.

The proposed 3,000-student, $124.7 million high school is scheduled to open in fall 2009 to help ease crowding at its sister schools, Neuqua Valley and Waubonsie Valley.

Problems have arisen, though, because the school district and land owners cannot agree on the value of the land. That impasse triggered condemnation proceedings and the subsequent court hearings.

The district will pay $1,500 each day workers are on the land completing tests that will include taking soil samples, a drain tile survey and a wetlands survey.

Officials estimate the work will take four to five days, Petesch said.

“We need to get on and off the property before the ground freezes. We don’t believe its frozen yet,” he said. “If we do get on and find that it’s frozen, we may have to do something different.”

That would likely mean waiting until it thaws, he said.

Soil samples are needed to analyze the sand content of the ground that would be beneath the high school to ensure it can support the structure.

Officials have been eager to get on site because they’re still hoping to begin construction this spring. They say a spring start is crucial if they hope to keep the project on time and within budget.

There’s no guarantee Kilander at the next hearing will establish a date for the jury hearing that would actually determine the value of the land.

“We’re hopeful,” Petesch said.

[wvhsparent]

Now, just to be a troublemaker....What happens if the something comes back horribly wrong with the soil samples?

[EagleDad]

My guess is doom and gloom ensues. The district gives up it's search for a 3rd high school, children start getting packed in high densities into classroooms.

Disease spreads. A major pandemic runs wildefire across the continental united states. The reduced workforce productivity leaves our nation vulnerable. A new dictator rises out of Colorada and law as we knows ceases to exist.

Oh wait, that was The Stand. Maybe they would just look at another site. Maybe they should just skip the testing and give up now?

[proschool]

wvhsparent said:

Now, just to be a troublemaker....What happens if the something comes back horribly wrong with the soil samples?

We could build the school without land like in the movie "Sky High."

[wvhsparent]

eagledad said:

My guess is doom and gloom ensues. The district gives up it's search for a 3rd high school, children start getting packed in high densities into classroooms.

Disease spreads. A major pandemic runs wildefire across the continental united states. The reduced workforce productivity leaves our nation vulnerable. A new dictator rises out of Colorada and law as we knows ceases to exist.

Oh wait, that was The Stand. Maybe they would just look at another site. Maybe they should just skip the testing and give up now?

Who know's....maybe that's why BB does not want to sell...they were secretly using the site as a toxic waste dump, from their candy making operations.....

OK I am back to reality now.....

[title1parent]

wvhsparent said:

eagledad said:

My guess is doom and gloom ensues. The district gives up it's search for a 3rd high school, children start getting packed in high densities into classroooms.

Disease spreads. A major pandemic runs wildefire across the continental united states. The reduced workforce productivity leaves our nation vulnerable. A new dictator rises out of Colorada and law as we knows ceases to exist.

Oh wait, that was The Stand. Maybe they would just look at another site. Maybe they should just skip the testing and give up now?

Who know's....maybe that's why BB does not want to sell...they were secretly using the site as a toxic waste dump, from their candy making operations.....

OK I am back to reality now.....

Well then those fines from the EPA will be pretty costly.

Maybe the land can be converted to baseball fields and that would solve the NPD's problems. ;D

[Arch]

I wonder if the Brach Foundation is holding out because they have financially leveraged the land for their foundation trust at a value MUCH MUCH higher than market value and a sale would remove an astonishing amount of 'equity' from their portfolio and might expose the 'clerical error' (if it exists).

[proschool]

archwinsome said:

I wonder if the Brach Foundation is holding out because they have financially leveraged the land for their foundation trust at a value MUCH MUCH higher than market value and a sale would remove an astonishing amount of 'equity' from their portfolio and might expose the 'clerical error' (if it exists).

I would believe this except that the BB estate was selling the land to the school distict a couple of months earlier.

[blankcheck]

I would really like to know what this is costing the district in legal fees? Anyone have a clue?