Glen Ellyn to pay part of school's legal bills

The battle over a newly opened preschool in Glen Ellyn will not cost the founders as much as initially expected.

Village officials voted this week to pay half the petitioner's legal bills related to a special-use permit application, after threatened litigation forced the village to include an attorney at its plan commission meetings.

Those sessions drew vocal opposition from neighbors to Ron and Elizabeth Repking's plans for the school, which opened Sept. 8 at 625 Hillside Ave.

The village's payment will reduce the Repkings' escrow account, established when they first asked for the permit, from $43,754 to $25,004.

"It was the village's decision to hire the attorney at those hearings," said village President Mark Pfefferman, who said neighbors threatened a lawsuit early in the process. "We thought we needed to support the code and the hearing process with an attorney and therefore it would be right to split that expense."

The balance of the account includes fees for consultants and engineers who conducted traffic studies. Those are standard fees associated with such permits, Pfefferman said.

Costs related to a lawsuit filed against the village and the Repkings are separate, Pfefferman said, as both have hired different attorneys.

Neighbors filed the lawsuit in April alleging the village violated its own ordinances in approving the permit. It also claimed the residents' constitutional rights were violated because of a lack of due process.

Portions of the lawsuit against the village were dismissed earlier this month, but opponents say they will refile several charges, including one specific complaint against the Repkings that says their construction of a driveway encroaches on neighboring property.

Ron Repking said he did not expect such an expensive battle when he first applied for the permit. Previous hearings related to moves within Glen Ellyn have lasted about 30 minutes and cost a couple of thousand dollars, at most, he said.

"Had I known the (overall) cost would have been in excess of $50,000, it would certainly have given me pause," said Repking, cofounder and board member of the school.

Despite the heated opposition, Repking said he was happy with the way the village handled the situation.

"I am pleased they were able to reduce the bill," he said. "Given the unique situation, it was a very reasonable compromise on both sides. It made a lot of sense."

Pfefferman said he hopes the decision to split costs will send a signal to prospective developers.

"This was an investment in our future," he said. "It's to say, 'Hey, if you want to bring a development here, we can guarantee you'll get a fair shake.'"