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Dist. 204 to quit fighting for land

With an Eola Road site secured for Metea Valley, Indian Prairie leaders appear ready to officially end their quest to build their new high school on the Brach-Brodie property in Aurora.

Unit District 204, which covers parts of Naperville, Aurora, Bolingbrook and Plainfield, owns 25 acres at 75th Street and Commons Drive. It originally wanted to buy an additional 55 acres to create an 80-acre campus for the proposed 3,000-student high school, but the district could never agree on a price with the property owners.

The district's attorneys on Monday are expected to appear before a judge and declare the district no longer wants to condemn the Brach-Brodie land.

During previous condemnation hearings, a jury decided the 55 acres in question are worth $31 million -- $17 million more than the district planned.

So, late last the month, the district switched direction and selected an 87-acre parcel along Eola Road south of Diehl Road to house the school. The new site will cost about $16.5 million.

Officials say the school is needed to ease overcrowding at Neuqua Valley and Waubonsie Valley high schools.

Indian Prairie attorney Rick Petesch said Friday he anticipates Monday's hearing will open the door for the property owners to respond and seek damages from the district for court costs and legal fees.

He hopes it also will begin the process of determining whether the property owners want to buy the 25 acres back from the district.

"We've asked them several times to tell us what, if anything, they intend to do with the property," Petesch said. "We hope those discussions can take place once we abandon our right to purchase the remaining 55 acres."

Steve Helm, the attorney representing the trust that owns the Brach-Brodie property, called Monday's court date a "trigger mechanism."

"If they are granted the motion to abandon, it would trigger our right to buy back the 25 acres," he said. "That would also be the appropriate time for us to make a claim for certain monetary damages resulting from attorney fees or any damage resulting from the condemnation actions."

Helm said he won't be surprised if the judge also advises the property owners to list their claims and attempt to settle with the district out of court.

"If that didn't work, we'd likely have another hearing to determine that," he said.

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