Homeowners resisting NIU property lawsuit

By Jim Wozniak

NIU’s plans to acquire property south of Lincoln Terrace through eminent domain have met with resistence from homeowners in that area.

Gary Cordes, who is representing the residents, said they would prefer not to have their property condemned. Instead, he said the residents would like to see a rezoning of the property for which the Board of Regents have filed an eminent domain lawsuit.

That land is south of Lincoln Terrace to Lincoln Hwy. and between Carroll Avenue and Normal Road.

James Arndt, 105 Normal, said his grandmother and grandfather built his house around 1905. Abbie Arndt, James’ wife, said their children are the fourth generation to live in the house.

She said James’ grandparents bought the house from the Gliddens at around the turn of the century.

Abbie said the only time James, 40, did not live in the house on Normal was for about four years in the 1970s.

“We’re not looking to sell, never have been,” James Arndt said. “Eddie Williams called in September to see if the house was for sale, and I said, ‘No.’ They considered that (as the) negotiations.

“The university says you can find another house, but where is one with the same sentimental value?”

Williams is NIU’s vice president for finance and planning.

Samnuan Duramad, who works in NIU’s computer information center, has lived in her house at 121 Normal for a year and a half. She declined to comment, deferring questions to Cordes. But she said she was not very happy with the situation.

James Arndt said if NIU had an interest in the property, he does not understand why the university did not try to purchase the Duramad’s house when it was for sale for more than a year.

“We’ve heard bits and pieces about this for 25 years,” he said. “They have never even contacted us in 25 years. We’re all families living in these homes.”

James Arndt said he thinks the Regents’ decision to sue for the property on NIU’s behalf is a reaction to the residents’ desire to have a rezoning from multiple family to commercial.

e said the university decided to sue when the zoning decision was anticipated to be in favor of the residents.

Cordes said none of the howmeowners have told him they would give up their houses if the price were right. He said the Regents have filed a complaint, and he and the residents are formulating a response. Written questions, called interrogatories, are given by both sides and then answered, Cordes said.

Oral deposition is another part of the suit, where witnesses swear by oath and make their case. This does not occur in court.

The Regents’ lawyer, the university, the residents and Cordes then appear in court for a pretrial hearing, where all parties attempt to reach an agreement, Cordes said. If that does not happen, it goes before a judge and jury.

Cordes said it could take as long as six months to resolve the situation.

A hearing originally was scheduled with the DeKalb Planning Commission to decide whether to make the area a commercial zone, but it was postponed, he said. Cordes said a few days before the hearing was going to be heard a second time, the Regents filed their suit.

Carl Swanson, 622 Lincoln Terrace, said in September his family has owned the house for 30 years. He also said the house is not for sale.

Michael Farley, an NIU security guard, who rents at 612 Lincoln Terrace, said the decision would not affect him as much because he can just move to another area in DeKalb.

“I just hope the governor and the (NIU) president prove to be as good a landlord as I’ve got now,” he said.

“I hope they don’t make me move out right away, but I understand the interest of the university. And I’m very much pro-NIU.”