Pre-trial date set for Regents suit

By Jim Wozniak

DeKalb County Circuit Judge Rex Meilinger Monday set a pre-trial date of May 20 for the eminent domain lawsuit the Board of Regents filed against some DeKalb residents.

Attorney Michael Funkey, who represents the Regents and requested the pre-trial date, also asked Meilinger to dismiss some people who were thought to have some association with the land from the suit. The third motion was to strike the residents’ response to the suit from the record. Gary Cordes, the residents’ attorney, said the residents did not need to respond.

Meilinger granted all three motions.

The Regents filed suit in October 1987 on NIU’s behalf to obtain the land south of Lincoln Terrace to Lincoln Hwy. and between Carrol Avenue and Normal Road, of which NIU only owns a portion.

NIU President John LaTourette said Tuesday NIU still will use bond revenue to pay for the property. But he said NIU has not made a decision yet about whether the land would become a parking lot with or without some of the houses or keep all of the houses intact.

LaTourette said NIU has assessed each of the houses twice. James Arndt, 105 Normal, said Cordes had someone also appraise the house but said NIU has not assessed the inside yet. LaTourette, Cordes and Arndt would not say how much NIU is offering for Arndt’s house or for all of the houses.

“The university already has offered them a fair market price based on two assessments,” LaTourette said.

The president said the residents have forced NIU to follow this route, which he said is costing the residents more money. But Arndt said NIU filed the suit because the city was considering rezoning the property from residential to commercial and not because of a real need.

“In our lifetime, they have not contacted our family about selling the house,” said Arndt, whose family has lived in the house since the early 1900s. “We’re way off on what our appraiser says and what they say.”

Cordes said the two parties are discussing price. The residents still could argue that NIU does not need the land, “but that’s a futile thought” because of the eminent domain statute, he said. “This is right in the middle of their domain,” he said.

Arndt said, “I think there are still going to be some issues brought up. I wouldn’t say it’s cut and dried.”

Arndt said the residents stated their case to Funkey last week and NIU will give their views to Cordes either this week or next week as part of the procedures.