Glen Ellyn neighbors renew battle over Montessori school
Several Glen Ellyn residents have filed a lawsuit in an effort to scuttle plans to open a Montessori school in their neighborhood.
The suit was filed Friday in DuPage County by 17 neighbors who oppose the school and came barely a month after the village board approved plans for the facility.
The suit names members of the plan commission, village board and owners Ron and Elizabeth Repking, who want to move their school to 625 Hillside Ave.
Ron Repking said school leaders followed all the necessary steps to win village approval.
"We followed the appropriate procedure. We satisfied all of the things that a special use permit needs to do," he said. "We're proceeding with our plan."
However, Steve Ruffalo, attorney for the residents who live within 1,200 feet of the property, said the village and the Repkings didn't follow the guidelines as outlined by village code.
The property houses a former church that is now closed. The Repkings saw that as an opportunity to move the Diamante Montessori School from inside St. Mark's Church, 393 N. Main St., to the Hillside Avenue property.
Ruffalo argued during numerous plan commission hearings that since the property had been vacant for more than 180 days, the site automatically reverted back to residential zoning, meaning the school needs variances to move in.
"My goal is to protect property interests. (The residents) have a right to rely on village officials to uphold those rights," Ruffalo said.
The plan commission and village board both supported the school move.
Curt Barrett, the deputy village manager, said he's confident the village board and the plan commission followed the appropriate procedures.
"I would describe it as an exhaustive effort," Barrett said of the numerous public hearings about the school's move. "Anyone that had input had every opportunity to provide that."
Barrett said the village was aware that since so many were opposed to the school, staff members had to be very diligent with the process.
"We made every effort to hear all sides of the issue before a final recommendation was made," he said.
The lawsuit also brings up several items residents discussed at public hearings, including the notion of increased traffic in the neighborhood that will hinder safety and pollution and noise increases from idling cars at the school.
Ruffalo said he wasn't given enough time to submit Freedom of Information requests; the information wasn't given to him until after meetings had already taken place, he said.
"We were scrambling to get stuff together that everyone else already had," he said.
A plan commissioner who recused himself from the discussions also spoke at a public hearing, which Ruffalo said should have been taken out of the records and wasn't.
Repking said plans for the school will proceed while the lawsuit is in court.
"This is a great location for us and the school," he said. "If we move (from the new site), we're setting a precedent that all people have to do is put up a big stink. I think that's a bad precedent to set."
Even though he and his wife have had to face irate neighbors, Repking said they won't back down from their new location.
"It's disappointing that we're trying to do something good for the village, good for the community, and people like this make it very hard for others to stick their neck out and do something good," Repking said.