Threat of big payout against Dist. 204/DH Art.3/15

[dpc]

promark said:

This is exactly why there is no point to continuing with the new site. With legal fees and damages, the cost of BB will only be 1-2% more (if that). Seeing as how BB is superior in almost every way, it is a no brainer to just go ahead and buy BB.

I don't think that will happen thanks to your friends at NSFOC. This BB $$ mess could have ended up in their favor had they chose not to file the lawsuit but now the district must continue with Eola to demonstrate that it does not tolerate bully tactics by a few of its residents. JMHO

[WeBe204]

dpc said:

promark said:

This is exactly why there is no point to continuing with the new site. With legal fees and damages, the cost of BB will only be 1-2% more (if that). Seeing as how BB is superior in almost every way, it is a no brainer to just go ahead and buy BB.

I don't think that will happen thanks to your friends at NSFOC. This BB $$ mess could have ended up in their favor had they chose not to file the lawsuit but now the district must continue with Eola to demonstrate that it does not tolerate bully tactics by a few of its residents. JMHO

This is a point of view I keep hearing. Seems to be coming out of the nsfocfraud camp along with all those LTEs. There is enough irony to hand out to everyone. However, I highly doubt the lawsuit will move the district in any particular direction.

Edit - Well, unless the judgement does not go in their favor. And that we will all have to speculate and speculate and well speculate.

[d204mom]

Please remember that waaaayyyyyyy back at the beginning of this mess, we offered $257/acre and BB wanted $420/acre. They ended up with $518/acre plus damages.

No one in their right mind would think we're gonna get out of this for only $13 million.

[Arch]

dpc said:

promark said:

This is exactly why there is no point to continuing with the new site. With legal fees and damages, the cost of BB will only be 1-2% more (if that). Seeing as how BB is superior in almost every way, it is a no brainer to just go ahead and buy BB.

I don't think that will happen thanks to your friends at NSFOC. This BB $$ mess could have ended up in their favor had they chose not to file the lawsuit but now the district must continue with Eola to demonstrate that it does not tolerate bully tactics by a few of its residents. JMHO

It's about egos instead of doing what is right?

I suspected that for a while.

[fence]

Why isn't this the catalyst necessary to get the SB & BB back to the negotiation table. I am not sure how spending $13M to get OUT of a piece property that residents voted YES for and seem to still want makes any sense. Not considering it out of spite towards the lawsuit is unprofessional and unethical for an elected community official.

If we enter in to a contract for Eola without waiting for an evaluation of the walk away costs, we're going to spend all our money in court and the third HS is going to be a teepee with an IPSD logo on it.

[casey]

sleeplessinnpvl said:

Will we know the amount on Monday? Or will this drag on? If the verdict does come in at $13 million, then the district really needs to stop and evaluate. If they only have to pay legal fees, then that might be a different story.

I would be very disappointed if the SB closes on this land w/o knowing the final price tag.

They can't possibly close on the land without knowing the outcome of BB, could they ? Let's see BB's attorneys show up on Monday and say "hey Judge the SB held up our land for all these years, told us they would pay 'whatever it costs' and now want to walk away? Nope we expect you to hold them to the purchase and if not the cost is $12-15M to walk (plus $5M in legal fees)." Then our SD/SB decides they know better and move ahead on the purchase of Eola? I hope like heck that doesn't happen!

In my opinion, they have to consider that potential walk-away amount as well as Midwest Gen's position of not paying for clean-up or future litigation charges to the bottom-line. They have got to RUN AWAY from the Eola site.

Hey, I think PL still has property to sell ;D. If I were him, I'd have a full-page ad in tomorrow's Sun reiterating his offer. Wouldn't that be fun?

[sleeplessinnpvl]

casey said:

sleeplessinnpvl said:

Will we know the amount on Monday? Or will this drag on? If the verdict does come in at $13 million, then the district really needs to stop and evaluate. If they only have to pay legal fees, then that might be a different story.

I would be very disappointed if the SB closes on this land w/o knowing the final price tag.

They can't possibly close on the land without knowing the outcome of BB, could they ? Let's see BB's attorneys show up on Monday and say "hey Judge the SB held up our land for all these years, told us they would pay 'whatever it costs' and now want to walk away? Nope we expect you to hold them to the purchase and if not the cost is $12-15M to walk (plus $5M in legal fees)." Then our SD/SB decides they know better and move ahead on the purchase of Eola? I hope like heck that doesn't happen!

In my opinion, they have to consider that potential walk-away amount as well as Midwest Gen's position of not paying for clean-up or future litigation charges to the bottom-line. They have got to RUN AWAY from the Eola site.

Hey, I think PL still has property to sell ;D. If I were him, I'd have a full-page ad in tomorrow's Sun reiterating his offer. Wouldn't that be fun?

And then another group of residents can file a suit because it's unsafe (EMF's) and they weren't promised that site....

Hey, that would be like the movie, "Groundhog's Day" where you keep waking up to the same nightmare....

[WeBe204]

casey said:

Hey, I think PL still has property to sell ;D. If I were him, I'd have a full-page ad in tomorrow's Sun reiterating his offer. Wouldn't that be fun?

Nope, PL is very happy with the promise he got to keep a couple of his subdivisions within the NVHS boundaries. (Yes, its unverified rumor) I do not believe you will see anything from him.


Edit: Subdivisions that happen to be west of 59. Go figure

[d204mom]

fence said:

Why isn't this the catalyst necessary to get the SB & BB back to the negotiation table. I am not sure how spending $13M to get OUT of a piece property that residents voted YES for and seem to still want makes any sense. Not considering it out of spite towards the lawsuit is unprofessional and unethical for an elected community official.

If we enter in to a contract for Eola without waiting for an evaluation of the walk away costs, we're going to spend all our money in court and the third HS is going to be a teepee with an IPSD logo on it.

BB is also asking the judge to FORCE the district to purchase the BB property for the jury award price.

Wouldn't that be a kicker if we ended up with 2 pieces of property? Nothing would surprise me at this point.

[blankcheck]

You have to remember further back than that. The SB original offer was 105,000/acre and settled for 257,000/acre. Over double their original asking price. I;m not sure if that info is still up on the web. The attorneys were Gardner, Carton & Douglas however, I think they have merged now.

[d204mom]

blankcheck said:

You have to remember further back than that. The SB original offer was 105,000/acre and settled for 257,000/acre. Over double their original asking price. I;m not sure if that info is still up on the web. The attorneys were Gardner, Carton & Douglas however, I think they have merged now.

Brach attorney Simon is Gardner Carton & Douglas turned DBGC turned Drinker Biddle & Reath. Brodie attorney Helm is from a small office here in Naperville but is an eminent domain specialist.

Also remember that right off the bat Brach Brodie asked for $420/acre for the remaining 55. After we offered $257. And then convinced the jury to award $518 plus damages.

So they convinced a jury to award them more than they even initially asked for. Their initial offer this time is $13 M. Who's money is on Whitt Law on this go-round?

[d204mom]

For everyone keeping score at home, funny how $13 Million in damages puts AME in over budget and we can "never ever ever" spend op funds on the project. oops.
2009 opening - AME - Funds available $146,240,000
Project cost $141,411,400 oops $149,411,400

Not funny haha but funny in a they-are-smarter-than-us way.

Also funny in a sad way is that they told us we'd have an answer on the 25 acres lickety-split. We just have to write them a letter and bam 30 days later we'd know if we could sell it or they want it back. Hmmm... it's been over 30 days & no word either way.

[Arch]

d204mom said:

So they convinced a jury to award them more than they even initially asked for. Their initial offer this time is $13 M. Who's money is on Whitt Law on this go-round?

Mine is... But it's sitting on the "Don't Pass" line.

[Risperdal 4mg]

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[drdavelasik]

This is the exact essence of the NSFOC case. The District 204 SB promised the taxpayers "A" in 2006 to pass the referendum and when they screwed up BB the taxpayers got "B".

The math is simple - $15M (original BB) + $13M (BB lawsuit) = $28M for a difference of only $3M. Seems we could have just purchased the land afterall once revised amount came back!

GOOD JOB 204SB.

Since ref stated monies to be used for purchase of land for school site.....can that money be used to pay BB for amount they are now seeking? I would hope not!