Attorneys Plead Cases in CL South Bleachers Lawsuit: Judge to Rule Next Month

Building codes and zoning codes were at the crux of arguments Thursday in the case of the new $1.18 million football stadium at Crystal Lake South High School.

Before a packed courtroom, attorneys for three Amberwood Drive homeowners, District 155, the city of Crystal Lake and the McHenry County Regional Superintendent of Schools presented oral arguments on behalf of their clients before McHenry County Judge Michael Chmiel. 
 
After listening to all parties for nearly two hours, Chmiel scheduled a hearing at 10 a.m. Dec. 18, to present his decision.

"I will take this information under advisement," Chmiel said. "We have two compelling thoughts and sides to this case....Oddly enough, I think we'll make history here in McHenry County that will impact the entire state."

Justin Hansen, attorney for the city of Crystal Lake, argued Community High School District 155 is obligated to adhere to the city's zoning process because, simply put, Illinois legislators have never given zoning authority to the schools.

The Illinois State Board of Education has empowered regional superintendents with issuing building permits and conducting inspections as they relate to building codes, he said. But building codes have to do with structure, electrical, the interior of a project -- not how it impacts the surrounding community, Hansen said.

"We can't have a regional superintendent conduct a zoning review because she's not authorized to do so," Hansen said. 

Hansen added that storm water and zoning issues with regard to the project should not be left unaddressed with regard to the neighbors, whose backyards are now dwarfed by the "monstrosity" of a structure. 

"These residents have been denied their due process," Hansen said. "The argument here is that District 155 can do whatever it wants without any regard to the nature of the community. They could build a NASCAR track on the school property and nobody could say anything about it."

Robert Swain, attorney for District 155, argued that no home-rule community, such as Crystal Lake, has the power to regulate authority over school code. Swain told the judge he believed the General Assembly is the entity that has zoning authority over schools. 

Hansen was quick to point out the General Assembly has never created statewide zoning regulations for schools. 

"The state has chosen not to act on the zoning where school projects exist," Hansen said. 

Swain countered by saying ISBE's Health, Life and Safety laws, which a regional superintendent of school must follow when granting approval for school projects, dictate the height of building projects, runoff from storm water, how close a (structure) is to surrounding homes and the like. 

The neighbors who filed the lawsuit - Jeff Gurba, Jean Bianchi and Louis Bianchi - are asking the court to force District 155 to participate in the city's zoning application, review and approval/ disapproval process. Attorneys for the city are asking the same.

Several other Amberwood Drive residents attended Thursday's hearing, as well.

Eileen and Paul Schwake, whose property backs up to the underbelly of the bleachers, are not parties on the lawsuit but oppose the project. The couple has lived at their home for 25 years, and Eileen is 74 years old. 

"How would you feel if your home was suddenly not worth anything anymore?" Eileen said. "The school district did this behind our backs. They did this on their own, and they say they have all the power. But, they forget they work for us. We pay them."

District 155 began building the bleachers this past summer. They moved the larger "Home" stands from its original location next to the school's tennis courts to the other side of the field, abutting the neighbors' property lines.

The new bleachers are 50 feet tall, 28 feet closer to the residents' property, and two and a half times wider in size than the previous structure. Combined, the new home and visitor stands seat up to 3,900 spectators. 


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