Eminent domain suit to postponed to Dec. 1

By Elizabeth M. Behland

The Board of Regents’ eminent domain lawsuit to obtain more land at NIU scheduled for Thursday was postponed to Dec. 1 and will be heard in the DeKalb County Courthouse.

The Regents filed the lawsuit on NIU’s behalf Oct. 14, 1987 to obtain property between Lincoln Terrace and Lincoln Highway, and between Carroll Avenue and Normal Road.

Attorneys for both parties met today to discuss the case with Judge Rex Meilinger in the courthouse. After discussing the case with the attorneys, Meilinger decided to grant a continuance.

Charles Brown, attorney for the residents, said, “The Board of Regents have not yet been able to meet to discuss the case so their attorney (Micheal Funkey) has requested additional time.”

Both parties will try to reach a settlement, but “there may or may not be any discussions between now and Dec. 1,” Brown said.

Funkey would not comment on the reason for the continuance. He said, “I try my cases in the courtroom,” and he refused to say whether the Regents’ would discuss the lawsuit further before the pre-trial.

Regents Chancellor Roderick Groves could not be reached for comment Thursday on whether the board plans to discuss the case.

Bonnie Swanson, 622 Lincoln Terrace, said, “The Board of Regents just hasn’t got back” to NIU to discuss the case. The Regents are trying to obtain Swanson’s property with the suit.

If no settlement is reached, a trial will be heard before Meilinger on Dec. 14 in the courthouse.

The pre-trial was originally scheduled for Oct. 20 but was postponed until 11:30 a.m. Thursday because of an illness. The pre-trial was held at 1:00 p.m. because one of the attorneys involved was delayed.