Residents rip appeal of Crystal Lake bleacher plan to high court
Crystal Lake school officials plan to appeal to the Illinois Supreme Court a ruling that says the district broke the law by building a $1.2 million bleacher expansion in summer 2013 without permission from the city.
School District 155 is scheduled to ask McHenry County Judge Michael Chmiel today to put a hold on a lawsuit filed by residents while the petition to the state's highest court is pending.
Chmiel and an appellate court both ruled that the school district broke the law when installing the bleachers, which tower over the backyards of residents on the 1100 block of Amberwood Drive.
Two of the residents, Kim and Jeff Gurba, blasted school officials, saying the prolonged litigation sets a poor example to the community.
“They have lost in the McHenry County courts and again at the appellate courts,” the couple said in an email. “It's time for them to grow up and accept the consequences of their actions and follow the law and go before the city of Crystal Lake's zoning board.”
Chmiel ruled that the city, not the McHenry County Regional Office of Education, had authority over the project.
The district began construction in June 2013 and completed the project in August 2013.
The bleachers for the visiting side failed an inspection, so the district tore them down and built the larger bleachers, making them the new “home” side.
The school district has argued in legal papers to the state's high court that the Regional Office of Education should have authority and a ruling would provide clarity to other inconsistent court rulings.
“These (previous) cases have not espoused any consistent analysis, and the ad hoc approach has denied school districts the ability to predict which local ordinances apply to public school districts and to property used for school purposes,” school district lawyers wrote.
“The appellate court's decision will impact every public school district, municipality and county outside the city of Chicago,” the district continued. “By requiring school districts to comply with local zoning and stormwater ordinances, the appellate court's decision will significantly impact the decision-making and operation of public school districts.”
There was no immediate timetable for the high to indicate whether it will hear the case.