Court rules CL South bleachers must come down
The city of Crystal Lake had the right to stop the construction of a $1.2 million set of football bleachers built close to suburban backyards, the Illinois Supreme Court ruled Thursday.
Community High School District 155 said it will now demolish the bleachers, which in 2013 McHenry County Judge Michael Chmiel had ruled were built without permission.
An appellate court, and now the state's supreme court, both agreed with Chmiel's ruling.
"Three strikes and you're out. There shouldn't have been a strike in the first place," said McHenry County State's Attorney Lou Bianchi, who sued as a private citizen after the bleachers sprung up behind a home he owns. "The law was real clear, and (the district) refused to abide by it."
Crystal Lake South High officials had argued the school didn't have to comply with city zoning laws when building the bleachers, because school land is exempt. The zoning laws would have prevented construction of the bleachers, which ended up being twice as tall as the old installation.
The high court disagreed and sided with the city, which sought to block the bleacher construction so close to homes.
"As a home-rule municipality, the city has the power to regulate land use within its jurisdiction through zoning," part of the court's ruling read. "There is no statute which exempts school district property from the exercise of the city's zoning laws."
The court ruled in a unanimous 7-0 vote.
In a statement, Crystal Lake Mayor Aaron T. Shepley didn't say if the bleachers will have to come down, but he praised the courts for giving "the impacted neighbors relief from their ordeal."
"From the outset, the city had requested District 155 to follow the zoning process and to engage the neighbors in order to determine how the seating needs at Crystal Lake South could be addressed without impinging on the rights of its neighbors," Shepley said in the statement.
"District 155 disdained the city's requests, and instead dragged the city, the neighbors, and the community into this legal odyssey. And after wasting the money on the bleachers and all the legal fees, what have we learned? That District 155 should have gone through the city's zoning process," he said.
"We are disappointed with today's Illinois Supreme Court ruling," District 155 Board President Ted Wagner said in a statement. "Community High School District 155 followed the required Illinois School Code process, and obtained all required permits from the Regional County Superintendent in planning and constructing the bleachers at Crystal Lake South High School.
"District 155 will fully comply with all court orders regarding the demolition of the bleachers," Wagner's statement continued. "At the direction of the board of education, in December 2014, the district issued a request for proposals seeking bids for this work demolition. We are committed to working with our residential neighbors, and we will continue to work with the city of Crystal Lake to move forward in a cooperative and respectful manner. We will now work to finalize a demolition process and timeline that will minimize disruption to our students and community."
It was not immediately clear when demolition would begin, how much it would cost or when it would be completed and by whom.
Inquiries to District 155 Superintendent Johnnie Thomas were returned by spokeswoman Shannon Mortimer, who said the school board will hold a special meeting Wednesday to discuss the next steps.
Crystal Lake South High School built the bleachers in 2013; neighbors say they were not notified of the project, and the school failed to get necessary construction permits.
Attorneys speaking on behalf of the Crystal Lake residents argued their attempt to give input on bleacher construction was ignored.
Crystal Lake residents Jeff and Kim Gurba, along with Bianchi, who own homes behind the school, filed suit to to halt construction of the bleachers in 2013.
The bleachers were once scheduled to be demolished by Dec. 1, 2014, after Chmiel ordered them be torn down, but an appellate court ruling spared them.
Residents who live behind the school say the bleachers block the sun and tower over their yards, decreasing home values. They have also argued the bleachers present stormwater control issues.