Judge won't move up NSFOC trial

D204 to argue for dismissal of suit May 23

WHEATON -- A judge denied Neighborhood Schools for Our Children's request for an expedited trial in May before Indian Prairie District 204 starts building Metea Valley High School.

However, Wheaton Judge Kenneth Popejoy did agree Wednesday to speed up the traditional trial process in DuPage County Circuit Court. That is, at least in determining if there is a case to be tried before the start of foundation work on the 3,000-seat school - set to begin June 13.

"You have no idea," Popejoy said of his already tight schedule. "I have '03, '04, '05, '06 cases that have been waiting years for a trial date."

Arguments have been moved up a week to May 23 on the school district's motion to dismiss the suit.

NSFOC filed an injunction lawsuit last month seeking to block the district from building its proposed third high school at any site other than the 80-acre Brach-Brodie location off 75th Street near Fort Hill Drive.

After a lengthy eminent domain case and jury ruling that came back in favor of the land owners at twice what the district had budgeted, school district officials abandoned the site in favor of property off Eola Road, south of Interstate 88.

Last week the district closed on the 84-acre parcel at a price tag of $19 million from St. John AME Church. That's more than $10 million less than the Brach-Brodie parcel would have cost the district.

But money is not the issue, at least not the cost of the land. NSFOC says the new site is environmentally unsound because it is adjacent to a now-closed peaker plant owned by Midwest Generation. NSFOC says a referendum was approved on the premise that the third high school would be built on the Brach-Brodie site.

Shawn Collins, attorney for the group, said he intends to file an amended complaint, which includes allegations of Open Meetings Act violations by the school district.

In the meantime, District 204 attorney Michael Scotti said he is pleased with Judge Popejoy's ruling Wednesday and will be prepared to argue for the dismissal of the lawsuit May 23.

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