20 Aug 2014
73° Mostly Cloudy
Patch Instagram photo by patch

Court Ruling on CL South Bleachers Case Expected Wednesday

McHenry County Judge Michael Chmiel is expected to render a decision in the case of the homeowners vs. Community High School District 155 on Wednesday.

Court Ruling on CL South Bleachers Case Expected Wednesday
A legal decision regarding the case of the $1.18 million football bleachers at Crystal Lake South High School is expected to be made on Wednesday in McHenry County Court.

McHenry County Judge Michael Chmiel is scheduled to render his decision on the matter of the Crystal Lake homeowners vs. Community High School District 155 at 10 a.m. Wednesday, Dec. 18.

Attorneys for the three homeowners who filed the lawsuit against the school district pleaded their side of the case on Nov. 7, as did attorneys for District 155, the city of Crystal Lake and McHenry County Regional Superintendent of Schools.

Judge Chmiel has taken the past month to consider all arguments and prepare his decision. 

The residents are asking for a ruling that would force District 155 to comply with the city of Crystal Lake's zoning application, review and approval process.

Such a decision would mean District 155 would have to present building plans to the city's Planning and Zoning Commission, which would review all aspects of the project (size, height, seating capacity, parking spaces, proximity to property lines) and allow neighbors an opportunity to see, hear and comment on the plans, as well. 

The Planning and Zoning Commission would then forward a recommendation for or against the proposal to the city council. The council would have its opportunity to discuss the project in a public meeting and hear homeowners' input as well.

District 155 attorneys argued they are not obligated to follow local zoning laws. They maintain the district is governed by the laws of the state via the McHenry County Regional Office of Education, which issued building permits for new bleachers at Crystal Lake South High School, 1200 S. McHenry Ave. 

Attorneys for the homeowners and the city point to a December 23, 2011 decision by Illinois Att. General Lisa Madigan that said school districts must comply with municipal and county zoning ordinances. 

The bleachers were constructed this past summer, with no prior notice to the city or nearby homeowners. 

However, despite tomorrow's ruling, even Judge Chmiel last month acknowledged it is both possible and likely the losing party will immediately take the matter to the Illinois Appellate Court in Elgin. 

Check back to Patch on Wednesday for an update on the ruling. 

Related Stories:

Attorneys Plead Cases in Crystal Lake Bleachers Case; Ruling Expected Next Month

Crystal Lake South Bleachers Case Returns to Court Today

CL South Bleachers Mediation Held

Lake County State's Attorneys Representing Regional Superintendent in Crystal Lake South Bleachers Case

School Bus Fleet Moved for CL South Game; Local Leaders Offer to Serve as Mediators

Just Delivered: 5 Port-O-Potties Unders Crystal Lake South Bleachers

CL South Bleachers Inspected; Court Proceedings Continue

Bleachers: District 155 May Challenge City's Zoning Code if Forced to Follow Process

Petition Supports City in Bleachers Dispute

CL South Fans May Get to Use Bleachers- For Now; Legal Battle Continues

District 155 Extends Court Battle to Include City of Crystal Lake, Regional Superintendent

CL South Neighbors File Lawsuit Against District 155; Football Season in Flux

District 155 Installs Massive New Bleachers at CL South High School Without City Approval

'Battle of the Bleachers' Continues Between District 155 and City of Crystal Lake 

CL Mayor Asks District 155 to Stop Work on Bleachers and Obtain Zoning Approval

Stop Work Order from City to District 155 for CL South Bleachers

Share This Article