Post by gatormom on Oct 31, 2007 4:47:02 GMT -6
District 204 accused of stall tactic
Attorneys for Brach-Brodie trust say Indian Prairie received a fair trial and lost
Melissa Jenco
10/31/2007
Attorneys for the owners of the land where Indian Prairie Unit District 204 wants to build Metea Valley High School say the district's request for a new trial to debate the value of the property is simply a stalling tactic.
But school district attorneys say they've got valid evidence a new trial is in order.
The move to ask for a new trial came just a day before the district's deadline to decide whether it would purchase the Brach-Brodie property off Route 59 near 75th Street and Commons Drive in Aurora to build Metea Valley.
The district already owns 25 acres at the site and wants to buy an additional 55 to create an 80-acre campus.
Officials in Indian Prairie, which includes portions of Naperville, Aurora, Bolingbrook and Plainfield, say the third high school is needed to ease crowding at Neuqua and Waubonsie Valley high schools.
Last month, a jury decided the land is worth $31 million -- or $17 million more than the district anticipated, leaving the school board to re-examine its options.
Last week, the board announced it can't afford the land at the price the jury set and requested a new trial.
"We asked for the court to consider granting us a new trial based on what we claimed were errors in evidence or keeping evidence away from a jury," school district attorney Rick Petesch said. "To say we filed for a delay is just not true."
The district has also asked that if a new trial is not granted, the judge make his own decision on whether to award the Brach-Brodie trust money for damages to the remaining 71 acres at the site. The jury had said there would be $2.5 million in damages, ut Petesch said he believes there are none.
Steve Helm, attorney for the Brach-Brodie trust, said he doesn't see any merit in the district's claims.
"I think they had a fair trial and the jury didn't see things the way they thought the jury should see them and now they're just taking steps to buy more time before they file an appeal … or pay the award or abandon the land," Helm said.
DuPage Circuit Judge Robert Kilander, who presided over the first trial and decided what evidence could and could not be allowed, will be the one to decide whether any of those decisions were in error.
If the judge grants a new trial, the Brach-Brodie trust can appeal that decision.
It could be several months before the district knows whether it will have another chance in court.
The school district is exploring three other possible properties on which to build Metea, but will not disclose what those locations are.
It also has talked to the Brach-Brodie trust about a scenario in which the district would only keep part of the 55 acres and sell some of the land along 75th Street back to the trust, according to Helm, but the sides were not able to reach an agreement on price.
School board President Mark Metzger would not comment on whether such negotiations took place, but did not rule out making a deal with the trust.
"It's still part of the mix," he said. "Our statement (last week) said we would continue to pursue discussions with them."
The school board will meet at 7 p.m. Thursday at the Crouse Education Center, 780 Shoreline Drive, Aurora. The majority of the meeting will take place in closed session and no final action will be taken. There will be a chance for public comment.
Attorneys for Brach-Brodie trust say Indian Prairie received a fair trial and lost
Melissa Jenco
10/31/2007
Attorneys for the owners of the land where Indian Prairie Unit District 204 wants to build Metea Valley High School say the district's request for a new trial to debate the value of the property is simply a stalling tactic.
But school district attorneys say they've got valid evidence a new trial is in order.
The move to ask for a new trial came just a day before the district's deadline to decide whether it would purchase the Brach-Brodie property off Route 59 near 75th Street and Commons Drive in Aurora to build Metea Valley.
The district already owns 25 acres at the site and wants to buy an additional 55 to create an 80-acre campus.
Officials in Indian Prairie, which includes portions of Naperville, Aurora, Bolingbrook and Plainfield, say the third high school is needed to ease crowding at Neuqua and Waubonsie Valley high schools.
Last month, a jury decided the land is worth $31 million -- or $17 million more than the district anticipated, leaving the school board to re-examine its options.
Last week, the board announced it can't afford the land at the price the jury set and requested a new trial.
"We asked for the court to consider granting us a new trial based on what we claimed were errors in evidence or keeping evidence away from a jury," school district attorney Rick Petesch said. "To say we filed for a delay is just not true."
The district has also asked that if a new trial is not granted, the judge make his own decision on whether to award the Brach-Brodie trust money for damages to the remaining 71 acres at the site. The jury had said there would be $2.5 million in damages, ut Petesch said he believes there are none.
Steve Helm, attorney for the Brach-Brodie trust, said he doesn't see any merit in the district's claims.
"I think they had a fair trial and the jury didn't see things the way they thought the jury should see them and now they're just taking steps to buy more time before they file an appeal … or pay the award or abandon the land," Helm said.
DuPage Circuit Judge Robert Kilander, who presided over the first trial and decided what evidence could and could not be allowed, will be the one to decide whether any of those decisions were in error.
If the judge grants a new trial, the Brach-Brodie trust can appeal that decision.
It could be several months before the district knows whether it will have another chance in court.
The school district is exploring three other possible properties on which to build Metea, but will not disclose what those locations are.
It also has talked to the Brach-Brodie trust about a scenario in which the district would only keep part of the 55 acres and sell some of the land along 75th Street back to the trust, according to Helm, but the sides were not able to reach an agreement on price.
School board President Mark Metzger would not comment on whether such negotiations took place, but did not rule out making a deal with the trust.
"It's still part of the mix," he said. "Our statement (last week) said we would continue to pursue discussions with them."
The school board will meet at 7 p.m. Thursday at the Crouse Education Center, 780 Shoreline Drive, Aurora. The majority of the meeting will take place in closed session and no final action will be taken. There will be a chance for public comment.
