D204, NSFOC to give mediation a chance
Meeting May 13 could allow sides to avoid trial
WHEATON -- Neighborhood Schools for Our Children and District 204 will try mediation.
But if that doesn't work, both sides are preparing to argue the merits of the injunction case May 23 before Judge Kenneth Popejoy, who will rule on the school district's motion to dismiss the suit brought about by the group opposed to construction of Metea Valley High School at any site other than Brach-Brodie.
Both parties will meet in mediation May 13 with former DuPage County Circuit Judge Edward Duncan, as per Popejoy's request.
In the meantime, Shawn Collins, attorney for NSFOC, will respond to the district's motion to dismiss the case and Michael Scotti, attorney for District 204, will reply - all before May 16, allowing Popejoy time to prepare for the hearing, assuming one is needed.
In March, NSFOC filed an injunction lawsuit seeking to block the district from building its proposed 3,000-seat high school at any site other than the 80-acre Brach-Brodie location at 75th Street and the future extension of Commons Drive in Aurora.
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.
Last month the district closed on the 84-acre parcel at a price tag of $19 million from St. John AME Church, equating to a more than $10 million savings from the price of the Brach-Brodie parcel.
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 power plant owned by Midwest Generation. Additionally, NSFOC says a referendum was approved on the premise that the third high school would be built on the Brach-Brodie site.
Groundbreaking on the newly acquired site off of Eola Road is scheduled for later this month with foundation work to begin June 13.
Although Collins' motion for an expedited trial date was denied, Popejoy said he is willing to speed up the traditional trial process, something to which the district's attorneys have not objected.