Trial on Schedule per Judge

[doctorwho]

Judge: Brach-Brodie trial on course for Sept. 17
204 withdraws stipulations that could have delayed start

September 9, 2007
By Paige Winfield Staff Writer
In a race against winter's first freeze, attorneys for Indian Prairie School District 204 agreed Friday to withdraw unilateral stipulations that might have delayed work on a new high school.

The stipulations - which addressed land improvements such as cross-access easements, storm water retention and extension of sewer and water - threatened to delay a Sept. 17 trial for condemnation of the 55-acre parcel commonly known as the Brach-Brodie property, off 75th Street.

District 204 has been embroiled for months in disputes over the price of the property, where it intends to build the 3,000-student Metea Valley High School. The district already owns 25 acres, and has filed a condemnation lawsuit for the adjacent 55 acres.

Hoping to begin work on the new school before the ground freezes, school officials are anxious for the trial to be concluded as soon as possible. School board President Mark Metzger said school construction can occur through the winter as long as the groundwork is completed; otherwise, work will be delayed until next spring and may make it impossible to be completed by the target time of fall 2009.

"We need to get on the land as quickly as possible," Metzger said. "In order for us to have a majority of the building done and ready to occupy in 2007, we need to get the groundwork in ... that needs to happen before the ground freeze happens."

Before presiding over next week's trial, DuPage Circuit Court Judge Robert Kilander is also hearing on Wednesday motions filed by both sides - which include one seeking a change of venue to Cook County. Steven Helm, attorney for the Brodie trust, argued that due to the lawsuit's wide publicity, jury members should not live within District 204.

Helm anticipates that Kilander will finish hearing the motions Wednesday and said that he is ready for the condemnation trial to proceed the next week as planned.

"We are still on course to go to trial on Sept. 17," he said.

[EagleDad]

doctorwho said:

"We need to get on the land as quickly as possible," Metzger said. "In order for us to have a majority of the building done and ready to occupy in 2007, we need to get the groundwork in ... that needs to happen before the ground freeze happens."

I wasn't there but I'm fairly certain that is a mis-quote and it should say "ready to occupy in 2009".

[rew]

The Brach Brodie attorneys requested a jury trial. How can they now argue that a jury trial in DuPage is unfair? Condemnation hearings are brought on by governement entities. They ultimately impact on taxpayers pocketbooks, whether it be costs for a new library, fire station, or school. Why did they ask for a jury trial to begin with?

[Arch]

rew said:

The Brach Brodie attorneys requested a jury trial. How can they now argue that a jury trial in DuPage is unfair? Condemnation hearings are brought on by governement entities. They ultimately impact on taxpayers pocketbooks, whether it be costs for a new library, fire station, or school. Why did they ask for a jury trial to begin with?

Most lawyers look at and select a jury from the mindset of "Who can I get to believe me" and not "Who will be most 'fair'".

I would have been astounded if they *DID NOT* ask for one.

[dcyst]

"Hoping to begin work on the new school before the ground freezes, school officials are anxious for the trial to be concluded as soon as possible. School board President Mark Metzger said school construction can occur through the winter as long as the groundwork is completed; otherwise, work will be delayed until next spring and may make it impossible to be completed by the target time of fall 2009."

Being in the business of constrction, I am very worried that this ground work will not be completed in time.

[dcyst]

I wish I knew how the spell check worked.

[bob]

dcyst said:

"Hoping to begin work on the new school before the ground freezes, school officials are anxious for the trial to be concluded as soon as possible. School board President Mark Metzger said school construction can occur through the winter as long as the groundwork is completed; otherwise, work will be delayed until next spring and may make it impossible to be completed by the target time of fall 2009."

Being in the business of constrction, I am very worried that this ground work will not be completed in time.

So what date does the ground usually freeze around here that you can't work on it? Late Dec ?

[gatordog]

bob said:

So what date does the ground usually freeze around here that you can't work on it? Late Dec ?

Looking at Fall freeze probablities for Aurora...
www5.ncdc.noaa.gov/climatenormals/clim20supp1/states/IL.pdf

For 28 deg F temp occurring there is...
10% chance its before Oct 3
50% chance its before Oct 21
90% chance its before Nov 8.

This is geared for planting info, and 28 is lowest temp in the table. For freezing the ground, I saw some construction web site implying 24 deg F is when this happens.

Nonetheless...I am thinking we may be lucky if we can do excavating thru the month of November. Maybe we can get work done only for half of November. Maybe some construction expertise can chime in....

[doctorwho]

gatordog said:

bob said:

So what date does the ground usually freeze around here that you can't work on it? Late Dec ?

Looking at Fall freeze probablities for Aurora...
www5.ncdc.noaa.gov/climatenormals/clim20supp1/states/IL.pdf

For 28 deg F temp occurring there is...
10% chance its before Oct 3
50% chance its before Oct 21
90% chance its before Nov 8.

This is geared for planting info, and 28 is lowest temp in the table. For freezing the ground, I saw some construction web site implying 24 deg F is when this happens.

Nonetheless...I am thinking we may be lucky if we can do excavating thru the month of November. Maybe we can get work done only for half of November. Maybe some construction expertise can chime in....

Good question as I know they started to dig my foundation for my home and those on much of my block in November - and if I remember right they had to get the foundation poured and certain other items done -- they finished mid December and there were no issues.. that was winter 1989 -

[momto4]

FWIW our foundation was poured in January.

[justme]

In 1998 we were told that the concrete driveway for our home had to be poured by Thanksgiving or we would have gravel until the spring.

[Arch]

justme said:

In 1998 we were told that the concrete driveway for our home had to be poured by Thanksgiving or we would have gravel until the spring.

We had a much different weather pattern then also. The past few years, it's been nice being able to ride the motorcycle into December and even take it out to play in Feb and March. I couldn't even think of doing that back in 98 or even 99.