|
|
Post by doctorwho on Aug 28, 2007 9:02:43 GMT -6
www.suburbanchicagonews.com/napervillesun/news/530636,6_1_NA28_BRACH_S1.article Trial on condemnation of Brach-Brodie moves forward Trust lawyers seeking change of venue or nonresident jurors August 28, 2007 By Jennifer Golz Staff writer Indian Prairie School District 204 will have one trial to set the price of the land for the future site of Metea Valley High School. But the question remains - Where will the trial be held? DuPage County Circuit Court Judge Robert Kilander ruled Monday that the district only will have to argue its case once for the condemnation of the 55-acre parcel commonly known as the Brach-Brodie property, located off 75th Street. The land would be combined with an adjoining 25 acres the district already owns to create an 80-acre campus just west of Route 59. Construction of the new school was to begin earlier this year but has been delayed due to the three parties' inability to agree on the property's value. School district experts say it's worth $257,500 per acre, while estimates from the Brach and Brodie trusts range from $550,000 to $650,000 per acre. Mark Metzger, president of the District 204 School Board, said he was "happy and not surprised" by the most recent ruling. Earlier this month more than 30 motions were filed by attorneys for the Brach and Brodie trusts, including one seeking a change of venue to Cook County. "It's their tax dollars and the school district continues to tell them about the costs involved and the impact if it costs them more," said Steve Helm, attorney for the Brodie trust. "We think it'd be more fair if it's a jury that doesn't know," he said after the brief hearing Monday in DuPage County Circuit Court in Wheaton. If the change of venue request is denied, a second request asks that potential jurors that reside within the district's boundaries be excluded. The school district includes portions of Naperville, Aurora, Bolingbrook and Plainfield. Attorney for District 204, Rick Petesch, had no comment on the case. Judge Kilander is scheduled to rule on the change of venue request Sept. 6. The jury trial to determine the price per acre remains set for Sept. 17. Staff writer Britt Carson contributed to this report. Contact Jennifer Golz at jgolz@scn1.com or 630-416-5278.
|
|
|
|
Post by wvhsparent on Aug 28, 2007 9:45:23 GMT -6
IMHO
It makes sense, for both sides, that none of the potential jurors are from the District.
|
|
|
|
Post by EagleDad on Aug 28, 2007 19:27:12 GMT -6
I'd agree with getting jurors from outside the district, but either DuPage or Will county.
Otherwise if it was relocated to Cook county it would seem to just be following the same tactic many litigators seem to follow in relocating to Cook where jury awards tend to "be higher".
|
|
|
|
Post by harry on Aug 28, 2007 19:34:24 GMT -6
I'd agree with getting jurors from outside the district, but either DuPage or Will county. Otherwise if it was relocated to Cook county it would seem to just be following the same tactic many litigators seem to follow in relocating to Cook where jury awards tend to "be higher". Question Is this thread reopened??? |
|
|
|
Post by doctorwho on Aug 28, 2007 19:39:10 GMT -6
I'd agree with getting jurors from outside the district, but either DuPage or Will county. Otherwise if it was relocated to Cook county it would seem to just be following the same tactic many litigators seem to follow in relocating to Cook where jury awards tend to "be higher". Question Is this thread reopened??? don't think it was ever closed -- maybe mixing with One Parcel-Two Trials ? |
|
|
|
Post by EagleDad on Aug 28, 2007 19:39:22 GMT -6
Answer - this thread was never closed Harry. There's the three question marks again. Maybe it's a moderator consipiracy???  |
|
|
|
Post by harry on Aug 28, 2007 19:51:46 GMT -6
Question Is this thread reopened??? don't think it was ever closed -- maybe mixing with One Parcel-Two Trials ? yup Guilty as charged..Thanks for the correction |
|
|
|
Post by wvhsparent on Aug 29, 2007 8:25:11 GMT -6
One court fight for high school land
By Melissa Jenco | Daily Herald Staff
Published: 8/29/2007 12:18 AM
Indian Prairie Unit District 204 will not have to undergo two separate trials to set a price for land where it wants to build Metea Valley High School.
DuPage Circuit Judge Robert Kilander has denied a motion for each of the two property owners -- the Brach and Brodie trusts -- to have separate trials against the district.
Indian Prairie wants to combine the land in question off Route 59 near 75th Street and Commons Drive in Aurora with 25 acres it already owns to create an 80-acre high school campus.
The district, which includes portions of Naperville, Aurora, Bolingbrook and Plainfield, had planned to start construction in the spring.
However, it has been unable to reach an agreement with the owners on the value of the land. It ultimately will be up to a jury to set the price.
Just over a week ago the Brodies filed a motion asking for separate trials.
"The Brodie trust thought it would be a lot simpler trial if it was just the Brodie trust against the school district, one side putting on its case and the other side putting on its case instead of having three parties with many more witnesses and much more … for the jury to understand," said Steve Helm, attorney for the Brodies.
The school district had filed an objection to the motion, but the Brach trust did not weigh in on the matter.
District 204 attorney Rick Petesch declined to comment Tuesday.
The property owners and school district have filed more than 30 additional motions in the case that will be heard Sept. 6.
Among the motions, the Brodie trust is requesting the trial be moved out of DuPage County. If that fails, it has also asked to exclude District 204 residents from serving on the jury.
The condemnation trial is scheduled to begin Sept. 17.
|
|
|
|
Post by warriorpride on Sept 7, 2007 14:45:25 GMT -6
I don't know what's in the papers today (Sept 7), but I just got this via the 204 mailing list:
I'd like to provide you with a brief update on the district's legal proceedings regarding the Brach-Brodie condemnation case. Although you may have read in the papers today that there are issues that might force a delay in the start of the trial, in today's rulings on pre-trial matters, Judge Robert Kilander made it clear that the trial will still begin as scheduled on September 17.
Mark C. Metzger, President
Indian Prairie School District #204
Board of Education
|
|
|
|
Post by doctorwho on Sept 7, 2007 15:12:49 GMT -6
I don't know what's in the papers today (Sept 7), but I just got this via the 204 mailing list: I'd like to provide you with a brief update on the district's legal proceedings regarding the Brach-Brodie condemnation case. Although you may have read in the papers today that there are issues that might force a delay in the start of the trial, in today's rulings on pre-trial matters, Judge Robert Kilander made it clear that the trial will still begin as scheduled on September 17. Mark C. Metzger, President Indian Prairie School District #204 Board of Education The Herald ran a headline stating that the trial was going to be delayed - and long story short - they had it wrong - they have since changed the headline on their on line paper from the initial statement, so hopefully no harm, no foul. The net was a lot of normal court proceedings and the timing of such were taken as something out of the ordinary. The statement you have above is the current state of the hearing. Hopefully tomorrow or Sunday the Sun and Herald will have all the current facts...and run a story on them |
|
|
|
Post by wvhsparent on Sept 7, 2007 15:29:29 GMT -6
I checked all the motions and responses filed seemed to cost us a rainforest or two.....
|
|
|
|
Post by doctorwho on Sept 7, 2007 17:09:32 GMT -6
I checked all the motions and responses filed seemed to cost us a rainforest or two..... I kept hearing how we would soon be a paperless society ( of course I heard that 20 years ago) - I don't think we are much closer |
|
|
|
Post by chicoryowl on Sept 7, 2007 18:07:08 GMT -6
I checked all the motions and responses filed seemed to cost us a rainforest or two..... I kept hearing how we would soon be a paperless society ( of course I heard that 20 years ago) - I don't think we are much closer The problem is the druid lobby is so weak. |
|
|
|
Post by gatormom on Sept 7, 2007 19:20:23 GMT -6
District 204 trial will proceed on time
By Melissa Jenco | Daily Herald Staff Writer
Published: 9/7/2007 1:04 PM
Indian Prairie Unit District 204's condemnation trial to purchase land for Metea Valley High School will begin on time.
This morning, the school district's attorney withdrew paperwork he filed Thursday that could have caused a delay.
Time is a sensitive issue for the district, which is already months behind schedule in beginning construction for its third high school. It hopes to at least begin groundwork this fall.
"The last thing the district wants is to have this trial continued," attorney Rick Petesch said. "Based on that, we withdrew the stipulations."
District 204 is set to go to trial Sept. 17 against the Brach-Brodie trust over the land off Route 59 near Commons Drive and 75th Street in Aurora.
The district already owns 25 acres of the property but wants to purchase an additional 55 for the high school campus. The two sides have been unable to agree on the price of the land so it will now be in the hands of a jury.
Thursday morning, Petesch filed stipulations detailing how the district would mitigate any damages that might be caused to the remaining property at the site.
However, DuPage County Circuit Judge Robert Kilander warned that if he allowed the commitments, land experts would likely be given time to review their estimates on the value of the land, which could delay the trial.
This morning, Petesch withdrew the stipulations and said if the property owners bring up the issue of damage to the remainder of the property during the trial, the district will introduce the commitments into evidence.
Steve Helm, attorney for the Brodie trust, criticized the district for not filing the stipulations earlier and said he is glad to see them withdrawn.
"It's good as far as we're concerned because we wanted the trial to proceed on the 17th and didn't want to go through the time and expense of having everybody have to reevaluate their opinions in light of the stipulations," he said.
The sides still have about 15 motions to present to the judge Wednesday in addition to more than a dozen they argued Thursday. Kilander will rule on the motions once all of them have been heard.
|
|
|
|
Post by bob on Sept 7, 2007 19:27:59 GMT -6
How can there be any damages to the property when that acreage is in closing?
|
|
