COD statement: Legal opinion concerning Village of Glen Ellyn

A DuPage Circuit Court Judge has released a letter opinion regarding an ongoing dispute between College of DuPage and the Village of Glen Ellyn. Judge Terrance Sheen ruled that he agreed with elements of both parties' arguments but denied motions from both sides, stopping short of a decision regarding Village authority over the COD campus.

With the benefit of the Court denying the Village's requested relief, the College is encouraged by the decision as it explores its legal options including de-annexation, certification of the question for appeal, and/or place the issue in the hands of the Illinois General Assembly and Illinois Community College Board.

The College embarked on this litigation to clarify the degree to which it must comply with Village building codes and ordinances. Since the founding of the College, this lack of clarity and guidance in the law has resulted in delays in College construction and significant cost increases—all at a loss to the taxpayer. In prior dealings with the Village's bureaucratic building department and code compliance processes, the College was forced to endure extended delays in construction of the College's Technical Education Center and its Health and Science Center HSC for more than a year and at an additional cost of more than $1 million to local taxpayers, with no tangible benefit.

“It was the College's belief more than a year ago that seeking resolution of this difference of opinion in the courts was the best approach,” said College of DuPage President Robert L. Breuder. “Since its founding, each College of DuPage administration has had to deal with this dispute at the expense of time, tax dollars, and much frustration, all of which distracts from our mission of educating students. The role the Village has attempted to play with the College is different than the role villages play with any other educational institutions in the state, including grade schools, high schools and colleges.

“We know this was a difficult opinion for the judge to write. We continue to value our relationship with the Village and will continue to work with them to the benefit of our community. We believe that eventually a higher court may need to resolve this question of authority which we had hoped would be addressed in circuit court today.”