Judge dismisses lawsuit challenging Glen Ellyn preschool

A judge has dismissed Glen Ellyn from four complaints in a lawsuit that challenges the opening of a preschool in a residential neighborhood.

However, DuPage County Circuit Judge Thomas C. Dudgeon also indicated that residents who filed the complaints could refile two of them with more clear language.

An attorney for the residents said they will do just that.

"It's an opportunity to clarify our position," attorney Michelle Feola said. "We're not discouraged by the court's decision at all."

Dudgeon's decision came last week on the Diamante Montessori school, which moved two blocks east to 625 Hillside Ave. and opened its doors Sept. 8. Previously, it had been located at St. Mark's Church, 393 E. Main St.

The lawsuit claims the village's ordinance allowing special use on the school was invalid and looks to place an injunction on the village from allowing the school's operation during the legal process. Two other complaints were dismissed for lack of evidence.

Residents also have complained about traffic in the area and said their rights had been violated during the process of issuing a special use.

Julie Tappendorf, an attorney representing the village, said the school had always been permitted at the location but that the village merely granted the special use permit to allow the preschool.

"I'm surprised to hear they are going to refile," she said. "It's safe to say the village is disappointed if they do refile. It takes a lot of time and it's expensive."

The suit names members of the village's plan commission, village board and owners Ron and Elizabeth Repking.

A fifth complaint against the Repkings under a law forbidding construction which would encroach on a neighbor's property was allowed and will be refiled along with the amended complaints.

Feola said a status hearing has been set for Feb. 17 and that the 14 plaintiffs would refile the complaints within the next 60 days. The judge dismissed two complaints against the village, including one that challenged the zoning of the property.

Tappendorf said the village was comfortable it had undergone the special use hearings in a proper manner and confident it would succeed in the lawsuit.