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Judge rules in favor of District 58 in life-safety bond case


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By staff reports
Downers Grove Reporter

Downers Grove, IL -

A judge’s ruling has cleared they way for Downers Grove Grade School District 58 to issue $13 million in life-safety bonds for roof repairs at several schools.

According to District 58 spokeswoman Jennifer Waldorf, a judgment was made on the case Tuesday, Oct. 6, in DuPage County Circuit Court.

“The judge said we did everything properly and legally with the issuance of the bond,” Waldorf said.

The judge decided that School Board President Elizabeth Davis needed to sign the resolution of the bond issuance, according to Stan Eisenhammer, the attorney representing the district.

Davis was advised by the district’s law firm, Hodges, Loizzi, Eisenhammer, Rodick and Kohn, to not vote on the agenda item in July and to also withhold her signature from the resolution.

This action caused District 58 to file the suit against Davis on July 27 with the DuPage County Circuit Court.

When District 58 officials discussed issuing the bonds earlier this year, board member Scott O’Connell had threatened to file a court injunction blocking the move. The threat, which O’Connell never followed through with, caused the district’s bond counsel not to issue a required legal opinion to sell the bonds on the market.

The District 58 lawsuit against Davis was considered a formality required in order to take the matter to court and get the process certified. The district plans to reimburse Davis her legal costs.

Eisenhammer said the case is over unless Davis wishes to appeal in the next 30 days.

Now, according to Eisenhammer the district just has to figure out how to sell the life-safety bonds.

“The next steps regarding the bond sale will be discussed on Tuesday with all the information at hand,” Waldorf said.

The life-safety bonds can be issued by the district without voter approval through a referendum.

The money will be used to fix six school roofs and make other maintenance repairs.

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