Post by gatormom on Sept 12, 2007 16:59:53 GMT -6
Dist. 204 condemnation trial likely to start Monday
By Melissa Jenco | Daily Herald Staff
Published: 9/12/2007 4:26 PM
Indian Prairie Unit District 204's court trial to acquire land for Metea Valley High School likely will stay in DuPage County and begin Monday as scheduled.
Attorneys for the school district and property owners presented their remaining pretrial motions today in the condemnation lawsuit.
DuPage Circuit Judge Robert Kilander has not issued his written decisions on the motions as of late this afternoon, but said in court he likely will deny a request to move the trial to Cook County.
District 204 has been locked in a condemnation lawsuit with the Brach-Brodie trust that owns the property off Route 59 near 75th Street and Commons Drive in Aurora.
The district owns 25 acres of the property but wants to purchase an additional 55 acres to build its third high school to ease crowding at Neuqua Valley and Waubonsie Valley high schools.
Construction on the new school was supposed to begin this past spring, but the sides were unable to reach an agreement on the price of the land.
Steve Helm, attorney for the Brodie trust, asked the court to move the trial to Cook County due to the media attention it has received and the district's use of its Web site to present its side of the case to residents.
"I would hope the jury that hears the case will base its opinions on what they hear in the case and not what they read in the newspaper or see on a Web site,"Â Helm said.
If the case remains in DuPage, he asked that District 204 residents at least be excluded from the jury.
John Simon, attorney for the Brach trust, said in addition to the reports residents may have read there could be a conflict of interest because they pay taxes to the school district.
Rick Petesch, attorney for the school district, argued there would be plenty of jurors available in DuPage who have not been affected by the coverage and that the jury selection process will weed out biased jurors.
Kilander said he probably will keep the case in DuPage and would be concerned about declaring everyone in the area ineligible for the jury. However, he said he would be willing to take special precautions to ensure a fair trial.
Kilander's official rulings on the motions probably will come Thursday. Jury selection will begin Monday and the trial is expected to last about two weeks
By Melissa Jenco | Daily Herald Staff
Published: 9/12/2007 4:26 PM
Indian Prairie Unit District 204's court trial to acquire land for Metea Valley High School likely will stay in DuPage County and begin Monday as scheduled.
Attorneys for the school district and property owners presented their remaining pretrial motions today in the condemnation lawsuit.
DuPage Circuit Judge Robert Kilander has not issued his written decisions on the motions as of late this afternoon, but said in court he likely will deny a request to move the trial to Cook County.
District 204 has been locked in a condemnation lawsuit with the Brach-Brodie trust that owns the property off Route 59 near 75th Street and Commons Drive in Aurora.
The district owns 25 acres of the property but wants to purchase an additional 55 acres to build its third high school to ease crowding at Neuqua Valley and Waubonsie Valley high schools.
Construction on the new school was supposed to begin this past spring, but the sides were unable to reach an agreement on the price of the land.
Steve Helm, attorney for the Brodie trust, asked the court to move the trial to Cook County due to the media attention it has received and the district's use of its Web site to present its side of the case to residents.
"I would hope the jury that hears the case will base its opinions on what they hear in the case and not what they read in the newspaper or see on a Web site,"Â Helm said.
If the case remains in DuPage, he asked that District 204 residents at least be excluded from the jury.
John Simon, attorney for the Brach trust, said in addition to the reports residents may have read there could be a conflict of interest because they pay taxes to the school district.
Rick Petesch, attorney for the school district, argued there would be plenty of jurors available in DuPage who have not been affected by the coverage and that the jury selection process will weed out biased jurors.
Kilander said he probably will keep the case in DuPage and would be concerned about declaring everyone in the area ineligible for the jury. However, he said he would be willing to take special precautions to ensure a fair trial.
Kilander's official rulings on the motions probably will come Thursday. Jury selection will begin Monday and the trial is expected to last about two weeks
