Post by gatormom on Mar 18, 2008 5:37:24 GMT -5
No case law on D204 land purchase
Naperville Sun
www.suburbanchicagonews.com/napervillesun/news/847373,6_1_NA18_BRACH_S1.article
March 18, 2008
By Jennifer Golz
WHEATON -- It's rare that attorneys for Indian Prairie School District 204 and the Brach-Brodie trusts can agree.
But all sides seem to agree there isn't any case law that would support the court ordering the district to purchase the 55-acre parcel it had once sought in a condemnation suit for the future Metea Valley High School.
ON THE WEB
What do you think about the situation facing Indian Prairie School District 204? Blog your thoughts at napersun.com/potluck .
That's why Brach-Brodie trust attorney Steve Helm says whatever Circuit Court Judge Robert Kilander rules will be a landmark decision.
"There really isn't any similar precedent that I am aware of where there's been a ruling either way," Helm said. "The judge will have to hear some type of evidence on this.
"We'll see what happens and hopefully whatever is decided is fair to everyone."
The district had planned to add the 55-acre site to an adjacent 25 acres already owned to make an 80-acre campus for the district's third high school. But District 204 officials abandoned the eminent domain suit after a jury valued the property at $31 million - more than twice what the district had thought the land to be worth.
Now District 204 officials are looking to purchase an 87-acre site at Eola and Molitor roads for a reported $16.5 million and build the 3,000-seat high school there.
Helm told The Sun he intended to ask Kilander to require the school district to purchase the 55-acre cite, jointly owned by the Brach-Brodie land trusts, at the jury's $31 million price.
But citing the delay of an appraisal report of damages, he failed to do so during Monday's court appearance in DuPage County Circuit Court in Wheaton.
Attorney for District 204 Rick Petesch called Monday's court appearance a "waste of time" and does not feel there's any merit to Helm's request.
"I think a lot of what's been put out in the papers or set forth by Mr. Helm is designed to scare the residents of 204 into thinking they have to buy Brach-Brodie," Petesch said. "I think it's a bit unfortunate and improper."
Kilander gave the attorneys for the Brach-Brodie trusts 28 days to file claims for their fees, something Helm said he will do by week's end.
If the request to order the district to purchase the property is denied, Helm will be seeking $12 million in damages, which includes about $3 million in attorney fees and witness costs, and the $6 million to $8 million estimated differential from when the trust could have sold the property in 2005, when the condemnation was initiated, than what it can in today's market.
That's only representative of the Brodie trust, as the Brach trust is expected to file its claim for reimbursement next month. Combined, Helm said the damages being sought could top $20 million.
All three sides will reconvene May 13 in DuPage County Circuit Court in Wheaton, when a hearing date on the matter will be set.
Naperville Sun
www.suburbanchicagonews.com/napervillesun/news/847373,6_1_NA18_BRACH_S1.article
March 18, 2008
By Jennifer Golz
WHEATON -- It's rare that attorneys for Indian Prairie School District 204 and the Brach-Brodie trusts can agree.
But all sides seem to agree there isn't any case law that would support the court ordering the district to purchase the 55-acre parcel it had once sought in a condemnation suit for the future Metea Valley High School.
ON THE WEB
What do you think about the situation facing Indian Prairie School District 204? Blog your thoughts at napersun.com/potluck .
That's why Brach-Brodie trust attorney Steve Helm says whatever Circuit Court Judge Robert Kilander rules will be a landmark decision.
"There really isn't any similar precedent that I am aware of where there's been a ruling either way," Helm said. "The judge will have to hear some type of evidence on this.
"We'll see what happens and hopefully whatever is decided is fair to everyone."
The district had planned to add the 55-acre site to an adjacent 25 acres already owned to make an 80-acre campus for the district's third high school. But District 204 officials abandoned the eminent domain suit after a jury valued the property at $31 million - more than twice what the district had thought the land to be worth.
Now District 204 officials are looking to purchase an 87-acre site at Eola and Molitor roads for a reported $16.5 million and build the 3,000-seat high school there.
Helm told The Sun he intended to ask Kilander to require the school district to purchase the 55-acre cite, jointly owned by the Brach-Brodie land trusts, at the jury's $31 million price.
But citing the delay of an appraisal report of damages, he failed to do so during Monday's court appearance in DuPage County Circuit Court in Wheaton.
Attorney for District 204 Rick Petesch called Monday's court appearance a "waste of time" and does not feel there's any merit to Helm's request.
"I think a lot of what's been put out in the papers or set forth by Mr. Helm is designed to scare the residents of 204 into thinking they have to buy Brach-Brodie," Petesch said. "I think it's a bit unfortunate and improper."
Kilander gave the attorneys for the Brach-Brodie trusts 28 days to file claims for their fees, something Helm said he will do by week's end.
If the request to order the district to purchase the property is denied, Helm will be seeking $12 million in damages, which includes about $3 million in attorney fees and witness costs, and the $6 million to $8 million estimated differential from when the trust could have sold the property in 2005, when the condemnation was initiated, than what it can in today's market.
That's only representative of the Brodie trust, as the Brach trust is expected to file its claim for reimbursement next month. Combined, Helm said the damages being sought could top $20 million.
All three sides will reconvene May 13 in DuPage County Circuit Court in Wheaton, when a hearing date on the matter will be set.