This letter outlines the agreed to process for how the Village would acquire the property if District 99 ever decided to sell it.  Annexation and zoning were predicated on this agreement.

The Village and Park District sent a letter to District 99 indicating their interest in acquiring the property in October 2004.  The following month District 99 agreed to work with the Village to establish a value for the property.

District 99 developed a Fact Sheet announcing that it was offering the property for sale and explaining the reasons for doing so.

The Village and District 99 met and communicated several times after the Village learned the property was being offered for sale via sealed bid.  District 99 confirmed that parties were at impasse and the Village filed suit to take the property via the condemnation or eminent domain process.  The parties met in settlement hearings from Fall 2005 through Summer 2006.

An appraisal of the property was conducted in the summer if 2006.

After settlement talks failed, District 99 filed a motion questioning the Village’s authority to condemn the property.  This is known as a Traverse motion.

The Village filed a response to District 99’s traverse stating that the Village in fact does have the authority to condemn the property.

District 99 as the defendant had the opportunity to respond to the Village’s arguments.

The Court held a 1.5 day hearing on the question of the Village’s condemnation authority.  This document is the transcript of the morning of May 24, 2007.  Witnesses called by Village included: Julia Kennedy Beckman, 99 Board of Ed President, Superintendent Dave Eblen, and Board of Ed Trustee Theresa Pavesich

Additional witness called by the Village were Mike Adams and John Perry after which the Village rested its case.  On page 145 the Court makes a ruling on District 99’s request for a directed verdict.  Following the denial of District 99’s motion, District 99 called their first witness, Robert Lemke, Board of Ed Trustee.

On the second day of the hearing District 99 called: Board of Ed Trustees Allyn Barnett and Megan Schroeder, Controller Mark Staehlin.  John Perry was called by the Village as a rebuttal witness.  District 99 rested their case.  The Court’s ruling begins on page 166 finding in favor of the Village.

This is the Court’s ruling on District 99’s request for a directed verdict, essentially asking that the Court find in favor of the School District without them having to put on a case.  The Court did not grant that motion.  The document was part of the transcript from the afternoon of 5/25/07 and is provided here as a more direct route to the ruling.

This is the Court’s ruling on the matter of the Traverse.  The finding was in favor of the Village, confirming that the Village has the authority to take the property via eminent domain.  This is the same transcript as provided beginning on page 166 of the 5/25/07 transcript.

In September of 2007, District 99 filed a motion asking the Court to reconsider its May 25, 2007 ruling on the Traverse.

The Court denied District 99’s motion for reconsideration.

Later in September, District 99 filed a motion asking that they be allowed to appeal the ruling on the Traverse prior to going to trial on the condemnation of the property (the jury trial to determine the value of the property).  This type of appeal is called an Interlocutory Appeal.

The Court denied District 99’s motion to appeal the Traverse prior to trial on the value of the property.

Note that some were already ruled on previously

Transcript from Valuation Trial

The transcripts are on order from the Court and will be posted when available.

This is the Court’s entry of the ruling on the Valuation trial setting the property value at $14,200,000.

District 99 asked the Court to reconsider its rulings on the Traverse and the Valuation trial.  The Court denied the request as it relates to the Traverse, but will allow arguments on the reconsideration of the Valuation Trial.

A hearing has been set for June 11 at which time the Court will hear arguments and then will rule on the matter.