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Post by title1parent on Jul 11, 2008 6:56:35 GMT -5
Eminent domain trial to get new judge
July 11, 2008 Sun By Jennifer Golz jgolz@scn1.com
A new judge assigned to the Brach-Brodie case will decide how much each trust is owed by Indian Prairie School District 204.
Judge Richard Stock recused himself from the eminent domain case Thursday in DuPage County Circuit Court. Stock, who has replaced the now-retired presiding judge in the case since its filing in 2005, hails from the same firm as John Simon, attorney for the Brach trust.
Now, all sides will have to make their case before Judge Dorothy French at the hearing set for Aug. 14, to determine how much each trust is owed for defending themselves against the school district's eminent domain case for the 55-acre parcel, at 75th Street and the future extension of Commons Drive. The land is contiguous to a 25-acre parcel the district already owns, and would have made for a combined 80-acre campus for its third high school.
Brach-Brodie attorneys say the trusts are owed $5 million in fees for defense of the suit, which was dropped by the school district after a jury priced the land at $31 million - more than twice what the district had budgeted.
Construction is already under way at the site the district instead purchased in April, at Eola and Molitor roads in Aurora. District officials say the 3,000-seat high school will be open to freshmen and sophomores in the fall of 2009.
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