Post by doctorwho on Sept 13, 2007 11:47:25 GMT -6
It appears that maybe the nonsense is over and the actual trial will begin - two sounds rulings here.....there's no reason it should go more than a few days after opening statements on Tuesday......the trial now is about one thing - the cost of the land.
Judge denies venue change in land case
Jury to decide price of land for Metea
September 13, 2007
By Jennifer Golz Staff writer
WHEATON -- A DuPage County judge denied Wednesday an attorney's motion for a change of venue in the Brach-Brodie condemnation lawsuit filed by District 204.
Jury selection and the trial to set the price for the land on which Indian Prairie School District 204 intends to build Metea Valley High School are set to begin in DuPage County next week.
In the last of the pretrial hearings Wednesday in DuPage County Circuit Court, Judge Robert Kilander denied Brach-Brodie trust attorney Steve Helm's motion for a change of venue despite concerns about too much publicity on the case.
Discrepancy
School District 204 experts say the Brach-Brodie land is worth $257,500 per acre, while estimates from the Brach and Brodie trusts range from $550,000 to $650,000 per acre. A trial to decide the price will start Monday with jury selection and opening statements likely Tuesday.
Helm's second request to disqualify any potential jurors who reside within the district's boundaries also was denied.
"There will be people who don't even know they (District 204) are trying to build a third high school," Kilander said.
And if someone does know, "There are ways to deal with the issue," he said.
It was agreed among the parties that potential jurors who live within the district's boundaries - which includes portions of Naperville, Aurora, Bolingbrook and Plainfield - be pulled to the side and questioned separately during jury selection.
The 12-member jury will then hear what is expected to be about a two-week trial for the district's condemnation of the 55-acre parcel commonly known as the Brach-Brodie property, 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 3,000-seat high school was to begin earlier this year but has been delayed because of the three parties' inability to agree on the property's value. The district still hopes to open the school in the fall of 2009 with freshmen and sophomores.
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.
In the midst of pretrial hearings on the more than 30 motions filed by attorneys, Rick Petesch, attorney for District 204, filed a last-minute unilateral stipulation last week addressing land improvements.
Kilander warned Petesch the late filing might delay the start of the trial to allow experts on the Brach and Brodie trusts time to comment. Friday, the district withdrew the unilateral stipulation.
Jury selection is set to begin Monday with opening statements likely Tuesday.
Judge denies venue change in land case
Jury to decide price of land for Metea
September 13, 2007
By Jennifer Golz Staff writer
WHEATON -- A DuPage County judge denied Wednesday an attorney's motion for a change of venue in the Brach-Brodie condemnation lawsuit filed by District 204.
Jury selection and the trial to set the price for the land on which Indian Prairie School District 204 intends to build Metea Valley High School are set to begin in DuPage County next week.
In the last of the pretrial hearings Wednesday in DuPage County Circuit Court, Judge Robert Kilander denied Brach-Brodie trust attorney Steve Helm's motion for a change of venue despite concerns about too much publicity on the case.
Discrepancy
School District 204 experts say the Brach-Brodie land is worth $257,500 per acre, while estimates from the Brach and Brodie trusts range from $550,000 to $650,000 per acre. A trial to decide the price will start Monday with jury selection and opening statements likely Tuesday.
Helm's second request to disqualify any potential jurors who reside within the district's boundaries also was denied.
"There will be people who don't even know they (District 204) are trying to build a third high school," Kilander said.
And if someone does know, "There are ways to deal with the issue," he said.
It was agreed among the parties that potential jurors who live within the district's boundaries - which includes portions of Naperville, Aurora, Bolingbrook and Plainfield - be pulled to the side and questioned separately during jury selection.
The 12-member jury will then hear what is expected to be about a two-week trial for the district's condemnation of the 55-acre parcel commonly known as the Brach-Brodie property, 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 3,000-seat high school was to begin earlier this year but has been delayed because of the three parties' inability to agree on the property's value. The district still hopes to open the school in the fall of 2009 with freshmen and sophomores.
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.
In the midst of pretrial hearings on the more than 30 motions filed by attorneys, Rick Petesch, attorney for District 204, filed a last-minute unilateral stipulation last week addressing land improvements.
Kilander warned Petesch the late filing might delay the start of the trial to allow experts on the Brach and Brodie trusts time to comment. Friday, the district withdrew the unilateral stipulation.
Jury selection is set to begin Monday with opening statements likely Tuesday.
