COD, Glen Ellyn seek common ground in sign dispute

College of DuPage and Glen Ellyn officials appear headed for a courtroom showdown in their dispute over the school's plan to install electronic message signs.

Still, representatives on both sides say they aren't giving up on finding an amicable resolution to a lawsuit COD has filed, which claims the village should have no say over what the school builds on its property.

"We hope they sit down and go through a negotiation process," Village Manager Steve Jones said Wednesday. "There are any number of outcomes. But our goal is to work this out among the parties and not have to rely upon a judge to make that decision."

COD attorney Kenneth Florey said he hasn't stopped trying to negotiate an interim agreement with Glen Ellyn's lawyer since the village issued a stop-work order to prevent the college from installing the new message signs.

"We may get there, we may not," Florey said. "It all depends on how much control the village insists on having over us. If it's an appropriate level, then that probably will work. If it's an inappropriate level, we'll be in court - and we'll get a judge's decision on this."

With a district that includes most of DuPage and parts of Will and Cook counties, College of DuPage officials argue that the state - not Glen Ellyn - has jurisdiction over the campus.

Glen Ellyn attorney Stewart Diamond says that's a misinterpretation of the law. He said local codes still must be followed.

"If the college insists, the litigation can go forward," Diamond said in a statement. "We believe that it will ultimately show that the law and public policy demand responsible local regulation."

The earliest a DuPage County judge is expected to hear the case is September.

In the meantime, Jones said village officials are going to enforce the stop-work order. If COD's contractors do any work on the electronic signs, the college could be cited for violating the order and working without a permit. There is a maximum fine of $750 a day for each ticket.

COD's associate vice president for external relations, Joe Moore, said the school has no intention of doing any prohibited work until after the legal issues are resolved. He expressed frustration about the nearly $2 million sign project being postponed because of the stop-work order.

"It's a disappointment because these signs are so important to help our students get around," said Moore, adding the electronic signs also provide timely information. "There's no good reason not to have those signs up. This is truly retribution."

College officials also say retribution is to blame for Glen Ellyn removing small temporary signs that were used last week to help visitors get around the campus during both a student orientation event and a police academy graduation.

"That's pure hardball tactics," Moore said. "They are harassing the college."

Despite Moore's claim that Glen Ellyn previously allowed the signs during special events, Jones said the village always has removed the signs if they are improperly placed along the right of way. "That is our protocol for all signs in all areas of town," he said.

Of course, Jones said one possible solution to the disagreement would be for the village and college to negotiate a new intergovernmental agreement, similar to one COD decided to cancel in December 2008.

"Like anything else," Jones said, "if this is an issue, bring it to our attention and let's come up with a mechanism by which we deal with it."