A preschool’s move to Park Boulevard is progressing after a judge shot down residents seeking a temporary restraining order.

A DuPage County Circuit Court judge ruled out an injunction last week in an ongoing lawsuit against the village over a Montessori preschool.

The judge ruled Friday not to award a temporary restraining order that would have stopped Diamante Montessori from moving forward on its relocation while neighbors sue to stop it.

Residents near a vacant church at Park Boulevard and Hillside Avenue have concerns about the preschool moving into the empty building. Residents say they are worried about traffic and safety.

This spring they filed a suit against the village and school administrators after Glen Ellyn’s Plan Commission and the Village Board signed off on the move. The school had been sharing space with St. Mark’s Episcopal Church, two blocks west at 393 N. Main St.

On Monday, village attorney Stewart Diamond presented the news to the Village Board as a victory.

“(To win an injunction) the party that is asking for it has to show that there is an emergency,” he said, “and, perhaps more importantly, that there is a substantial … chance of winning.”
Carl Cepuran, one of the neighbors who filed the lawsuit, said he did not view their chances of winning as any less.

“We still view the case as strong as we have before,” he said. “It’s premature to say anything about the outcome.”

The neighbors’ attorney, Wheaton-based lawyer Steve Ruffalo, was out of town this week and could not be immediately reached.

The next court hearing in the case is scheduled for July 16.