Brach/Brodie Trial is Over

[EagleDad]

The trial is over. I do not like the verdict, but here it is:

$518,250 per acre and 2.5 million damage to the remainder. Net cost of about 563k per acre.

Apparently the jury did not elaborate on why that price was selected.

[EagleDad]

As I understand it the SD now has 30 days to decide what to what to do. They are considering special meetings this week to discuss the impact.

[EagleDad]

www.dailyherald.com/story/?id=46404

Dist. 204 will pay double for high school land

Indian Prairie Unit District 204 will have to pay double what it was offering in order to purchase land for Metea Valley High School, a jury decided Wednesday.

After nearly eight hours of deliberation, a jury unanimously determined that the 55 acres of land off Route 59 near 75th Street and Commons Drive in Aurora is worth a total of just over $28.5 million, far more than the district's offer of $13.75 million.

It also awarded the property owners, the Brach-Brodie trust, an additional $2.5 million to make up for lost value of the remaining 70.9 acres of property at the site.

"As counsel for the board we're disappointed, but the jury has spoken and that's the way the system works," said Stuart Whitt, attorney for the school district.

The district and property owners have been in court for the past week and a half in a condemnation trial to set a price for the land.

The school district already owns 25 acres of the property but would like to purchase an additional 55 acres on which to build its third high school. The two sides were unable to reach an agreement as to the price of the property, so it became the jury's responsibility to decide.

For the past week, expert witnesses have been testifying as to what they believe is a fair price for the land.

The school district witnesses said it is worth $250,000 an acre while the Brodie witnesses argued it is worth $540,000 an acre. A Brach witness weighed in with $650,000 per acre.

The jury's decision sets the price at $518,250 an acre, a value based on when the condemnation suit began in December 2005.

Steve Helm, attorney for the Brodie trust, was pleased with the verdict and credited the work of his expert witnesses in studying the land.

"That would be a number I have every reason to believe that both the Brachs and Brodies would be happy with," Helm said.

The school district has 30 days to make a payment and can then take immediate possession of the land. It also has the option of appealing the ruling.

Wednesday night, neither Whitt nor Superintendent Stephen Daeschner could say whether the school district will appeal.

"It's awful high, but we will have to meet (Thursday) and discuss options," Daeschner said.

District 204, which includes portions of Naperville, Aurora, Bolingbrook and Plainfield, had hoped to start construction months ago on Metea. The 3,000-student facility is scheduled to open in 2009 and officials previously said they would try to stick to that date even if it means part of the school is still under construction.

In the meantime, delays have caused costs to rise. Voters approved a $124.7 million tax increase in a 2006 referendum to build the high school and the school board has promised it will not ask for more money.

Board President Mark Metzger declined to comment until he has a chance to speak with the board.

The school board has scheduled a special meeting for 5 p.m. Friday at the Crouse Education Center, 780 Shoreline Dr., Aurora to decide how to proceed.

[EagleDad]

I think it's important to note that the Herald has the story, while the Sun seems to have missed it altogether.

[we4]

Here is the Sun's article.



Brach-Brodie cost adds up to $31 million
Jury judgment more than double district's estimate

September 27, 2007
By BRITT CARSON Staff writer
Eight hours of deliberations ended with a $31 million price tag Wednesday for Indian Prairie School District 204.

The jury of eight men and four women determined the price of the 55-acre Brach-Brodie parcel at $518,250 per acre. They also awarded $2.5 million in "damages" for the remaining 70.9-acre parcel, bringing the total cost to the district at just more than $31 million.

"We are disappointed, but the jury has spoken and that is the way the system works," said Stuart Whitt, attorney for the district.


SPECIAL MEETING
The Indian Prairie School District 204 Board of Education will hold a special meeting at 5 p.m. Friday at the Howard Crouse District Education Center, 780 Shoreline Drive, Aurora, to discuss the decision. BY THE NUMBERS

2006 referendum for Metea Valley High School

Total referendum amount: $124,660,000

Land costs: $31,003,750

Construction costs: $93,662,250
Whitt said no decision has been made on whether the district will appeal the judgment.
Mark Metzger, school board president, declined to comment on the issue Wednesday. The board scheduled a special meeting Friday to discuss the judgment.

Steve Helm, attorney for the Brodie trust, was pleased with the amount.

"We are very happy with the numbers," Helm said. "We believe both the Brach and Brodie clients will be happy with this."

The district has 30 days to submit payment and may then take immediate possession of the land along 75th Street and the future extension of Commons Drive in Aurora. The land is overseen by the Brach and Brodie trusts.


Decision leaves tight budget for Metea

In 2006, district taxpayers approved a $124.6 million referendum to fund construction of Metea Valley High School on the land. That price tag included money for the land, but district officials had argued it was worth $257,500 an acre.
Attorneys for the trust argued during the trial the land was worth up to $633,000 an acre.

If the board accepts the jury's decision Friday, it will have about $93 million left over for the actual construction costs of Metea, which administrators have said is a tight budget for a 3,000-seat high school with all the amenities of the other two high schools.

The district already owns the adjacent 25 acres to the 55 it is seeking to give it a total of 80 acres for the school. The district filed the condemnation lawsuit for the land in December 2005.

"The school district has every right in the world to pick what property they want," Helm said during closing arguments Wednesday. "However, they cannot take it without full just compensation."

Rick Petesch, attorney for the district, said during closing arguments the property is worth about $250,000 per acre and that no damages should be awarded to the trust. The estate sold the 70.9 acres fronting Route 59 to Pennsylvania Real Estate Trust for $40.5 million in March.

"They are entitled to just compensation, they are not entitled to a windfall," Petesch said. "Brach-Brodie has held onto this land for a long time and there is no question over the years it has increased in value. However, this is raw land, not entitled land."

He also argued land in Naperville sells for more than land in Aurora.

Despite a tight timeframe, the district wants to open Metea Valley in the fall of 2009 with freshmen and sophomores.

[bob]

Run not Walk Away from BB. Then send that area to Peterson. Depress their land price anyway possible.

Get our money back for the 25 acres

Call Macom if he hasn't moved his price, buy it.

If he increases it , then don't build a third HS and send Ashwood to WV.

[harry]

Boy does the SB have A LOT of work to do now.

If one is NOT in favor of BB it is best to FLOOD the email boxes of the Board as I believe they are pompous enough to go w/BB AT ANY COST because that is what they want, instead of what's right for this district.

It is also time to put Plan B into play and start using the buildings we own

and

WHERE ARE THE ENROLLMENT NUMBERS Has the district on PURPOSE kept those from us until after the trial results?? Hasn't school been in session for 30 days?

We need accuracy at this point to see if we even need a 3rd HS

[wvhsparent]

Hate to say....But I told you so........Now what?

IMHO that is WAAAAAAAAAYYYYYYYYY TOOOOOO MUCH!!!!!

But I know the SD will pay it, cuz they want BB no matter what.

Well, maybe not....Howie is gone...I can always hope.

If they do pay it I predict no incumbent will be re-elected and the 09 ref will be a real fight.

[bob]

harry said:

Boy does the SB have A LOT of work to do now.

If one is NOT in favor of BB it is best to FLOOD the email boxes of the Board as I believe they are pompous enough to go w/BB AT ANY COST because that is what they want, instead of what's right for this district.

It is also time to put Plan B into play and start using the buildings we own

and

WHERE ARE THE ENROLLMENT NUMBERS Has the district on PURPOSE kept those from us until after the trial results?? Hasn't school been in session for 30 days?

We need accuracy at this point to see if we even need a 3rd HS

Already sent my e-mails.

The numbers release and the trial are not related. Think of it this way. If there is a big drop in overall enrollment, then we have the possibility of dropping the 3rd HS all together now instead of being locked in to BB. The conspiracy doesn't work now.

[bob]

Run away and see if BB can get that money in the open market.

[harry]

bob said:

Run away and see if BB can get that money in the open market.

It has been 30 days, they know the numbers they arent sharing them

If the numbers don't swing their way, they will have h$@# to pay
if they even try for BB or a 3rd hs as well

[wvhsparent]

I am so happy relieved that the QT never happened now!!!!!!

[blankcheck]

Harry- I thought the same thing this morning. Where are those enrollment figures? Where is their plan B? Do they have a plan B? If they purchase that land, they crazy. If I remember correctly from an old post of mine, they paid double their original offer for the 25 acres so it would not surprise me in the least that they do the same now. Hold onto your wallets folks - If they do this, you will see a huge referendum come 2009.

[bob]

The 09 referendum wil be huge already.

[bob]

wvhsparent said:

I am so happy relieved that the QT never happened now!!!!!!

I heard that the judge was quite surprised by the number