Landowners move to force Dist. 204's hand

Owners of land where Indian Prairie Unit District 204 planned to build Metea Valley High School are asking the courts to force the district to either buy their property or pay additional fees.

The Brodie trust filed a motion Monday asking that the district pay the $31 million price tag set by a jury for the 55 acres off Route 59 near 75th Street and Commons Drive in Aurora.

It also asked the court to dismiss the district's request for a new trial.

If the court allows the district to abandon the property, the trust is asking it be obligated to pay the $2.5 million in damages to the remaining property that a jury set and additional money for "delay damages" the trust is incurring by not being able to sell or develop the property while it is tied up in court.

Those fees would be in addition to at least $4 million in Brach-Brodie legal fees the district would have to pay if it does not buy the land.

The district already owns 25 acres at the site and had hoped to purchase an additional 55 to create an 80-acre campus for Metea Valley High School. However, in late September, a jury ruled the property is worth $31 million, which is $17 million more than the district anticipated.

The district has said it cannot afford that price and has requested a new trial. It also is negotiating with other land owners in the area for an alternate site.

Steve Helm, attorney for the Brodie trust, said the district previously committed to paying up to $33 million for the land and since the total came in under that amount, it should purchase the property.

In addition, he said the district's motion for a new trial may be followed by an appeal, a process that could take a year or more. During that time the owners cannot develop the land or negotiate with other interested buyers.

"Given the market condition … the concern is the property may decrease in value during an appeal process and we feel the appeal is really not being taken in good faith but rather to delay things so they can find another piece of property," Helm said.

He said the amount of "delay damages" the trust seeks would depend on how long it takes the district to make a decision.

Attorneys for the school district could not be reached for comment late Monday.

School Board President Mark Metzger has previously denied that asking for a new trial is a delay tactic, though he has acknowledged the chances of it being granted are slim.

Helm said if the district abandons the condemnation suit, the Brach-Brodie trust would be willing to negotiate a price just like it would with any other interested buyer. The district already has offered to buy only 40 of the acres for $20 million, but the trust rejected that offer.

The trust's motions will go before a judge Monday.