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Judge's Crystal Lake South bleacher demolition order doesn't surprise opponents

A McHenry County judge's order this week that Crystal Lake District 155 begin dismantling on Dec. 1 a set of bleachers that were illegally built at Crystal Lake South High School didn't surprise those who sued the district.

School leaders never met with Crystal Lake officials to go through the zoning process, which is what Judge Michael Chmiel ordered two months ago, and then insisted on appealing the matter to the state's highest court.

Thomas Burney, an attorney representing property owners who now have the 51-foot tall bleachers towering over their backyards, praised Chmiel for his courage and for standing up for nearby residents.

"The neighbors have rights, and their rights are going to be respected," Burney said. "(Chmiel) has given (the district) a lot of opportunities to right what we have proved is wrong."

In August 2013, McHenry County State's Attorney Louis Bianchi, who owns a rental home near the bleachers, along with residents Jeff and Kim Gurba, sued in an effort to stop project.

They argued the school district didn't inform nearby residents of the $1.2 million plan for larger bleachers at the school and failed to get permits from the city.

Last December, Chmiel ruled the district broke the law and an appellate court agreed with him.

The district planned to take its case to the Illinois Supreme Court. Officials also put an open letter on the district website, outlining why it believes the McHenry County Regional Superintendent of Education has authority over the bleacher project.

Kim Gurba says she's skeptical about whether the district will follow Chmiel's order, which was issued Thursday.

"We're all pretty doubtful the district is going to do anything. Until we actually see them disassemble (the bleachers) we don't think anything is going to happen," she said. "This entire thing could have been avoided if they went through the city's zoning (process first)."

Bianchi, who sued as a private citizen, said Chmiel simply "lost his patience."

"(Chmiel) has asked the district to meet with the city, and they did not," Bianchi said. "They continue to arrogantly avoid the judge's decision to sit down and work it out."

Tom Swain, an attorney representing the school district, could not immediately be reached for comment Friday.

A message for District 155 Superintendent Johnnie Thomas was returned by district spokesman Jeff Puma, who said the district did not know the time frame and cost to dismantle the bleachers or its next step in the case.

"The (school) board and administration will be reviewing the court order with their legal counsel next week," Puma said.

The district has 30 days to appeal Chmiel's ruling, but either he, an appellate court or the state's supreme court would have to step in and delay the Dec. 1 demolition order.

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