Schools

Crystal Lake South Bleachers Case Returns to Court Thursday

McHenry County judge is scheduled to hear final arguments on the case of the new $1.18 million bleachers at Crystal Lake South High School.

The matter of the massive $1.18 million bleachers at Crystal Lake South High School returns to court Thursday before McHenry County Judge Michael Chmiel. 

Judge Chmiel is expected to hear final arguments in the case at 2 p.m. Nov. 7, since mediation efforts failed to bring a resolution among the opposing parties. 

Community High School District 155 was taken to court by three homeowners living on Amberwood Drive after it began building the new stadium in June and failed to notify the city or the neighbors of the project. 

Residents Jeff Gurba, Jean Bianchi and Louis Bianchi own the houses backing up to Ken Bruhn football field. They are seeking a ruling from the court forcing District 155 to comply with the city's zoning application, review and approval/ disapproval process. 

District 155 filed third-party lawsuits against the city of Crystal Lake and McHenry County Regional Superintendent of Schools, Leslie Schermerhorn. Attorneys for the school district said they filed the cross-party suits because the matter of which government body has jurisdiction over the issue is at the heart of the case.

Crystal Lake leaders, citing a Dec. 23, 2011 decision by Illinois Attorney Gen. Lisa Madigan, insist the school district is required to abide by the city's zoning code and must proceed through the same application and review process required of every other citizen and business owner in town.

"The Illinois Attorney General determined that school districts are subject to municipal and county ordinances," said Michelle Rentzsch, director of planning and economic development for the city.

The project's size, height and setback require a zoning variance, she said. The district does not have the necessary storm water permit either. The new stands also are solid, whereas the previous structure had gaps between the benches, and the larger "Home" stands were moved to the homeowners' side of the field.

Attorneys for the neighbors said the Crystal Lake South also is 680 parking spaces short of what's necessary to accommodate the new stadium, which seats up to 3,900 spectators.

District 155 leaders insist they did not need the city's approval to build the massive structure, which stands 51-feet-tall to the top of the press box, is three times wider than the original stands and set back only 41 feet from the property line (city code requires 50 feet).

"We have the proper work permit from the Regional Office of Education," said District 155 spokesman Jeff Puma in August. "Illinois School Code says our building and zoning authority comes from them."

This bleacher project is first time in the past 25 years where District 155 has not presented plans and requested approval from the city for a zoning related matter. The city has issued 26 permits to the school district over the years, Rentzsch said.

When Crystal Lake South recently installed new soccer fields - which was only a matter of grading and field design with no structures - Crystal Lake South officials notified adjoining homeowners and held a meeting to discuss the plans. No such notice or meeting was ever offered in the case of the new bleachers. 

Attorney Justin Hansen, representing the city of Crystal Lake, has presented a motion to the judge asking for a "summary of judgement," on whether the school district is required to comply with the municipal zoning ordinances.


Related Stories:

CL South Bleachers Mediation Held

Lake County State's Attorneys Representing Regional Superintendent in Crystal Lake South Bleachers Case

School Bus Fleet Moved for CL South Game; Local Leaders Offer to Serve as Mediators

Just Delivered: 5 Port-O-Potties Unders Crystal Lake South Bleachers

CL South Bleachers Inspected; Court Proceedings Continue

Bleachers: District 155 May Challenge City's Zoning Code if Forced to Follow Process

Petition Supports City in Bleachers Dispute

CL South Fans May Get to Use Bleachers- For Now; Legal Battle Continues

District 155 Extends Court Battle to Include City of Crystal Lake, Regional Superintendent

CL South Neighbors File Lawsuit Against District 155; Football Season in Flux

District 155 Installs Massive New Bleachers at CL South High School Without City Approval

'Battle of the Bleachers' Continues Between District 155 and City of Crystal Lake 

CL Mayor Asks District 155 to Stop Work on Bleachers and Obtain Zoning Approval

Stop Work Order from City to District 155 for CL South Bleachers


Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here