Post by sushi on Mar 18, 2008 6:04:15 GMT -6
District 204 attorneys return fire over Metea site claims
By Melissa Jenco | Daily Herald StaffContact writerPublished: 3/18/2008
Indian Prairie Unit District 204 attorneys say the environmental lawyer criticizing the Eola Road site selected for Metea Valley High School is "crying wolf" in claiming the land is unsafe.
Attorney Shawn Collins released a position paper over the weekend laying out three environmental issues he says make the 87-acre site just south of Diehl Road near Aurora unfit for a school.
He said those concerns focus on a former power plant that operated at the site and the power lines and gas pipelines that run through part of the property.
Collins represents the grass-roots organization called Neighborhood Schools for Our Children in a lawsuit trying to force District 204 to buy the Brach-Brodie land it initially intended to purchase at 75th Street and Commons Drive in Aurora.
District 204 attorney Stuart Whitt responded Monday saying Collins is not an environmental or electrical engineer, soil expert or physician.
"He doesn't have the facts and he doesn't have the expertise," Whitt said. "Basically what he's doing is irresponsible, designed to do nothing more than incite people's emotions."
But Collins said Monday his position paper is based on facts from the district's own consultants as well as the medical and scientific communities. He said he believes there are serious safety concerns the district hasn't addressed.
"What the district ought to do rather than calling me names is the district ought to be truthful with taxpayers and parents about what it's doing here," he said. "It's cutting corners, rushing to judgment … because it's been embarrassed by what happened at the Brach-Brodie property.
"If the district would be honest with everyone and admit that, they could make a sober decision about what's right to do from here."
The district backed away from its original choice of the Brach-Brodie site last fall after a jury determined the 55 additional acres the district needed for a high school was worth $31 million -- $17 million more than the district expected to pay.
After negotiating with other landowners, district leaders chose the Eola site to house the 3,000-student school that's still scheduled to open in fall 2009.
Whitt said the district has done its due diligence with the site as it always has.
"The school has never jeopardized students' health and safety and never will," Whitt said. "To the extent Mr. Collins suggests otherwise is plain wrong."
The comments from District 204 attorneys came on the same day the district and Brach-Brodie trust were in court to discuss legal fees and damages as a result of the condemnation of the original site.
Last week Steve Helm, attorney for the Brodie trust, said he would be asking the judge to force the district to buy the property. Otherwise the trust wants to be reimbursed about $13 million in legal fees and damages due to the diminished value of the property.
The Brach trust is expected to file its own request for additional fees and damages as well.
But the property owners asked the judge Monday for additional time to file their motions.
"From the Brodie trust point of view, the trustee didn't want us wasting a lot of time putting together petitions and getting expert witnesses if there was a likelihood the petitioner was going to come back and negotiate on the Brach-Brodie site," Helm said.
District 204 attorney Rick Petesch said the case should be heard in the court, not the press, and he's waiting for the Brach-Brodie trust to actually file paperwork.
But he said he doesn't believe the district should have to pay damages on the site.
"I don't think Illinois should support anything except for attorneys' fees and expenses connected with abandonment," Petesch said. "They're looking for a difference in value and other damages which aren't really allowed under Illinois law under these circumstances."
The case will be continued to May 13, though Helm said he only expects a hearing date to be set at that time.
By Melissa Jenco | Daily Herald StaffContact writerPublished: 3/18/2008
Indian Prairie Unit District 204 attorneys say the environmental lawyer criticizing the Eola Road site selected for Metea Valley High School is "crying wolf" in claiming the land is unsafe.
Attorney Shawn Collins released a position paper over the weekend laying out three environmental issues he says make the 87-acre site just south of Diehl Road near Aurora unfit for a school.
He said those concerns focus on a former power plant that operated at the site and the power lines and gas pipelines that run through part of the property.
Collins represents the grass-roots organization called Neighborhood Schools for Our Children in a lawsuit trying to force District 204 to buy the Brach-Brodie land it initially intended to purchase at 75th Street and Commons Drive in Aurora.
District 204 attorney Stuart Whitt responded Monday saying Collins is not an environmental or electrical engineer, soil expert or physician.
"He doesn't have the facts and he doesn't have the expertise," Whitt said. "Basically what he's doing is irresponsible, designed to do nothing more than incite people's emotions."
But Collins said Monday his position paper is based on facts from the district's own consultants as well as the medical and scientific communities. He said he believes there are serious safety concerns the district hasn't addressed.
"What the district ought to do rather than calling me names is the district ought to be truthful with taxpayers and parents about what it's doing here," he said. "It's cutting corners, rushing to judgment … because it's been embarrassed by what happened at the Brach-Brodie property.
"If the district would be honest with everyone and admit that, they could make a sober decision about what's right to do from here."
The district backed away from its original choice of the Brach-Brodie site last fall after a jury determined the 55 additional acres the district needed for a high school was worth $31 million -- $17 million more than the district expected to pay.
After negotiating with other landowners, district leaders chose the Eola site to house the 3,000-student school that's still scheduled to open in fall 2009.
Whitt said the district has done its due diligence with the site as it always has.
"The school has never jeopardized students' health and safety and never will," Whitt said. "To the extent Mr. Collins suggests otherwise is plain wrong."
The comments from District 204 attorneys came on the same day the district and Brach-Brodie trust were in court to discuss legal fees and damages as a result of the condemnation of the original site.
Last week Steve Helm, attorney for the Brodie trust, said he would be asking the judge to force the district to buy the property. Otherwise the trust wants to be reimbursed about $13 million in legal fees and damages due to the diminished value of the property.
The Brach trust is expected to file its own request for additional fees and damages as well.
But the property owners asked the judge Monday for additional time to file their motions.
"From the Brodie trust point of view, the trustee didn't want us wasting a lot of time putting together petitions and getting expert witnesses if there was a likelihood the petitioner was going to come back and negotiate on the Brach-Brodie site," Helm said.
District 204 attorney Rick Petesch said the case should be heard in the court, not the press, and he's waiting for the Brach-Brodie trust to actually file paperwork.
But he said he doesn't believe the district should have to pay damages on the site.
"I don't think Illinois should support anything except for attorneys' fees and expenses connected with abandonment," Petesch said. "They're looking for a difference in value and other damages which aren't really allowed under Illinois law under these circumstances."
The case will be continued to May 13, though Helm said he only expects a hearing date to be set at that time.
