Indian Prairie condemnation trial begins in DuPage

Opening statements began today in Indian Prairie Unit District 204's condemnation trial to acquire land for Metea Valley High School.

Attorneys for the school district and both the Brach and Brodie trusts gave jurors an overview of what they believe is a fair value for the land off Route 59 near 75th Street and Commons Drive in Aurora.

The school district already owns 25 acres at the site but wants to purchase an additional 55 acres on which to build the high school. District officials say the building is needed to ease crowding at Neuqua Valley and Waubonsie Valley high schools.

The two sides have been unable to reach an agreement on the price of the property - the owners believe it's worth at least double what the district is offering - so it will be up to a jury to decide.

District 204, which includes portions of Naperville, Aurora, Bolingbrook and Plainfield, had hoped to start construction this past spring but must now wait until the trial concludes.

A DuPage County jury of eight men and four women, was chosen Monday and today.

In their opening statements, Brach attorney John Simon and Brodie attorney Steve Helm stressed the key features that make the land valuable - its size, proximity to Route 59 as well as to both Aurora and Naperville, and lack of obstacles such as wetlands and floodplains.

Simon said roughly 75,000 cars pass through the intersection of Route 59 and 75th Street every day, making it a prime location.

"It is one of the last  ¦ large tracts of land remaining in DuPage County for development," Helm said.

Simon and Helm each have their own witnesses in the case with differing opinions as to the land's value.

Their experts also will testify the property owners are owed extra money to make up for the diminished value of the remaining 70.9 acres of the property not earmarked for the school. Those damages are based on the loss of some of the property's frontage on 75th Street and the possibility the school district would not extend utilities to the rest of the site.

Simon said his appraiser will testify the 55 acres the school district wants to purchase is worth about $653,000 an acre. However, the expert also believes when the district buys the land it will decrease the value of the remaining land by about $4.6 million.

Helm told the jury his appraiser will testify the land is worth $540,000 to $550,000 per acre. The appraiser has previously estimated the damages to the remainder of the property at roughly $3 million.

Rick Petesch, attorney for the school district, said the land currently is 125 acres of beans.

"This is a very fine piece of property. There's no question about that," he said. "But it is a property now and as of 2005 that is undeveloped property in unincorporated DuPage."

But he added that the jury should base its decision on the highest and best use of the land, considered by both sides to be a mixture of commercial and residential use.

Both of the school district's experts will testify the land is worth $250,000 an acre. Petesch said they do not believe there will be damage to the remaining property because it still will have frontage on both 75th Street and Route 59, the property is large enough for commercial development, and the school district is expected to extend utilities such as sewer and water to the remainder.

Following the opening statements, the jury members visited the property.

They will return to court Wednesday where expert witnesses, including land planners, appraisers and real estate developers, will begin testifying as to their opinions of the best use of the land and its value.

Both sides say their experts can point to similar sites in the area that support their claims.

The trial is expected to end by Sept. 26.