A judge has dismissed and denied counts in a complaint brought against the Village of Glen Ellyn by residents upset the Diamante Montessori preschool is near their homes.
Village attorney Julie Tappendorf said the judge’s ruling means Glen Ellyn is also dismissed from the case.
“This is the third time that the residents have been in court before this judge and the third time that they have lost,” Tappendorf said.
She said she had not yet spoken to the village board about the judge’s order, but she had spoken to Village Manager Steve Jones.
“My guess is that the village would hope that the ruling would help the residents decide that, really, there’s little merit to the case,” Tappendorf said.
Michelle Feola, a lawyer representing some of the residents who live near the school, said the ruling will not stop her clients.
“I think it just prolongs the process but I think in the end, having the ability to clarify our position only helps us,” Feola said.
On Oct. 15, DuPage County Circuit Court Judge Thomas C. Dudgeon ruled that four of the five counts in the complaint be dismissed, but gave the plaintiffs leave to re-plead their case.
Overall, the residents are challenging the process through which the village interpreted the zoning code and granted the school a special-use permit. The plaintiffs also had filed an injunction asking the court to prevent the school from opening in the first place.
In count one of their complaint, the plaintiffs were asking that the judge look at the records compiled by the village during the process of granting and approving the school’s special use permit. Dudgeon dismissed the count.
In count two, the plaintiffs alleged that they were denied various due process rights as the special permit issue went before the planning commission and the board of trustees. They therefore motioned that the court deem the special use permit ordinance invalid. Dudgeon dismissed the motion but gave the plaintiffs leave to re-plead.
Village attorneys argued that while the plaintiffs claim their rights were violated, they do not identify any specific rights.
Count three of the residents’ complaint asked the judge to order the injunction. Dudgeon dismissed the motion and gave the plaintiffs leave to re-plead.
With count four, the residents argued that they have rights that are to be protected and the original building of the school, its opening and continued use have a negative impact on their rights as nearby property owners. Dudgeon denied the motion and asked the residents’ attorneys to clarify who exactly they are naming as a defendant in that particular count.
In an interview, Feola said that the school’s owners will be the only defendants named in count four.
The residents’ attorneys also asked that the judge decide whether or not the case should be looked at again, but in a different way. She said that motion, count five, was dismissed because both parties agreed that it should be looked at again.
Carl Cepuran, who lives next door to the school, is one of the people listed as a plaintiff on the lawsuit. He said he and other residents were not upset by the judge’s dismissals and denial, and that they will continue once they clarify their complaint in what he called a complex case.
“It’s just part of normal pleadings that are made,” he said.
Time line:
April: Residents first file suit, claiming they did not receive due process when the village considered and approved the school’s move into a vacant church at 625 Hillside Ave.
May: The Glen Ellyn News reported that an application to relocate the school has cost school administrators more than $50,000 over a 15-month period — more than 10 times the typical cost for similar special-use permits, village planning officials say.
June: A judge shot down the residents’ attempt to get a temporary restraining order, which would have stopped the school from opening.
July: The courts threw out a second attempt by residents to halt construction at the school.
What’s next:
The plaintiffs have until Dec. 17 to file an amended complaint.
The village then has until Jan. 31 to respond.
A status hearing is set for Feb. 17
