Judge denies delay for Crystal Lake South bleacher demolition; appeals begin
A judge Thursday denied a request from Crystal Lake School District 155 to delay an order that illegally built bleachers at Crystal Lake South High School be dismantled beginning Dec. 1, said residents and attorneys in the case.
Attorneys for the school district told McHenry County Judge Michael Chmiel they plan will appeal Chmiel's Dec. 1 demolition order to an appellate court.
The district also has appealed to the Illinois Supreme Court a ruling by Chmiel - that also was affirmed by an appellate court - that the district needed to go through the city of Crystal Lake's zoning process before erecting the $1.2 million structure at the high school, said Tom Burney, an attorney representing residents in the case.
School officials maintain the McHenry County Regional Office of Education, and not the city, have the final say in the size and scope of any school project.
The bleacher dispute began in August 2013 when residents living on Amberwood Drive with the 51-foot tall bleachers near their backyards sued the district.
McHenry County State's Attorney Louis Bianchi, who owns an investment property on Amberwood, sued as a private resident.
Thursday's move by the district did little to reduce the skepticism of Kim Gurba, one of the residents who sued. "They've pretty much proved they are going to keep delaying it as long as they possibly can," she said, adding every homeowner who lives near a school should be concerned about this case.
"Who knows what they're going to be building next to us, behind us." Gurba said. "I think (the district is) arrogant and they're going to fight to the death and not compromise at all."
Messages left with school attorney Robert Swain and Superintendent Johnie Thomas were not returned.
District spokesman Jeff Puma said the district will comply with the Dec. 1 demolition order if the appellate court and state's Supreme Court don't reverse Chmiel's decisions.
"The district would never willfully break the law or go against a court order," said Puma, who noted the district sent the city its bleachers plans in August 2013.
"Our goal throughout this entire process was to avoid court. We hoped to work with the neighbors and the city," Puma said. "We are willing to go through the zoning process if we have exhausted the appeal process."
The two sides are due back in court on Dec. 17.
If the district does not begin dismantling the bleachers Dec. 1, Chmiel could impose fines, issue jail time or both.