Domain lawsuit to come to close

By Elizabeth M. Behland

An eminent domain lawsuit filed by the Board of Regents last fall will end today upon the final approval of settlement documents by the Regents and local residents.

The Regents filed the suit Oct. 14, 1987, on NIU’s behalf to determine how much land south of the NIU campus the university can obtain from the current landowners. The property involved in the lawsuit is located between Lincoln Terrace and Lincoln Highway, and between Carroll Avenue and Normal Road.

Attorneys for both parties will meet in the DeKalb County Courthouse today at 11:30 a.m. for the presentation of settlement documents.

Gary Cordes, an attorney for the residents, said a settlement was made last month that included all four properties involved.

The four properties involved in the suit belong to James and Abbie Arndt, 105 Normal Rd.; Pradid and Samnuan Duramad, 121 Normal Rd.; Carl and Bonnie Swanson, 622 Lincoln Terr. and a rental home owned by David, Karen, Paul and Stephen Heide.

In a previous interview, Carl Swanson said the residents involved in the lawsuit are unhappy about the situation because their families have lived in the homes for as long as 80 years. Although Swanson said he hoped for an out-of-court settlement, “no settlement would ever justify our moving.”

The four defending parties involved in the lawsuit joined together to share defense in the case.

According to court records, the case went to trial Dec. 14, 1988, before Judge Rex Meilinger. Michael Funkey, attorney for the Regents, and Charles Brown, attorney for the residents, presented the case to Meilinger, and the trial was continued until Jan. 12 for the presentation of settlement documents.

On Jan. 12 Judge Richard Larson granted a continuance for the presentation of the documents until today.

The lawsuit began after NIU and the Regents “made it difficult” for the residents when the residents wanted to rezone their property, he said.